Guilty Acts Guilty Minds

Author : Stephen P. Garvey
Publisher : Oxford University Press, USA
Page : 335 pages
File Size : 43,5 Mb
Release : 2020
Category : Law
ISBN : 9780190924324

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Guilty Acts, Guilty Minds by Stephen P. Garvey Pdf

"You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends"--

Author : Leo Katz
Publisher : University of Chicago Press
Page : 356 pages
File Size : 49,7 Mb
Release : 2012-12-15
Category : Law
ISBN : 9780226027975

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Bad Acts and Guilty Minds by Leo Katz Pdf

The author of Ill-Gotten Gains uses philosophy and psychology to examine how human behavior can be questioned under criminal law. Henri plans a trek through the desert. Alphonse, intending to kill Henri, puts poison into his canteen. Gaston also intends to kill Henri but has no idea what Alphonse has been up to. He puncture’s Henri’s canteen, and Henri dies of thirst. Who has caused Henri’s death? Was it Alphonse? Gaston? Or neither? Strange conundrums like this one have fascinated lawyers and no lawyers for centuries, raising problems of causation, intention, negligence, necessity, duress, complicity, and attempt. With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying these moral, linguistic, and psychological puzzles that plague the criminal law. Drawing on insights from analytical philosophy and psychology, he brings order into the seemingly endless multiplicity of these puzzles: many of them turn out to be variations of a few basic philosophical problems, making their appearance in different guises. To test his arguments, Katz moves far beyond the traditional body of exemplary criminal law cases. He brings into view the decisions of common law judges in colonial and postcolonial Africa, famous cases such as the Nuremberg trials, Aaron Burr’s treason, and ABSCAM, as well as well-known incidents in fiction. Praise for Bad Acts and Guilty Minds “Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles.” —Edward N. Costikyan, New York Times Book Review “With its novel combination of theoretical and interdisciplinary learning, its refreshingly new approach to old problems, and the easy accessibility made possible by the lightness of its style, Katz’s book should become a classic in the field for years to come. I would recommend it to beginning law students and lay persons interested in an introduction to the field, as well as to criminal law academics interested in furthering their already well-developed understanding of criminal law theory.” —Michael S. Moore, author of Law and Psychiatry: Rethinking the Relationship

Author : Stephen P. Garvey
Publisher : Oxford University Press
Page : 320 pages
File Size : 52,7 Mb
Release : 2020-05-25
Category : Law
ISBN : 9780190924348

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Guilty Acts, Guilty Minds by Stephen P. Garvey Pdf

When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

Author : Elizabeth Papp Kamali
Publisher : Cambridge University Press
Page : 353 pages
File Size : 45,8 Mb
Release : 2019-08
Category : History
ISBN : 9781108498791

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Felony and the Guilty Mind in Medieval England by Elizabeth Papp Kamali Pdf

Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

Author : Joseph Finder
Publisher : Penguin
Page : 400 pages
File Size : 53,7 Mb
Release : 2016-07-19
Category : Fiction
ISBN : 9780698409750

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Guilty Minds by Joseph Finder Pdf

New York Times bestselling author Joseph Finder delivers an exhilarating and timely thriller exploring how even the most powerful among us can be brought down by a carefully crafted lie and how the secrets we keep can never truly stay buried. The chief justice of the Supreme Court is about to be defamed, his career destroyed, by a powerful gossip website that specializes in dirt on celebs and politicians. Their top reporter has written an exposé claiming that he had liaisons with an escort, a young woman prepared to tell the world her salacious tale. But the chief justice is not without allies and his greatest supporter is determined to stop the story in its tracks. Nick Heller is a private spy—an intelligence operative based in Boston, hired by lawyers, politicians, and even foreign governments. A high-powered investigator with a penchant for doing things his own way, he’s called to Washington, DC, to help out in this delicate, potentially explosive situation. Nick has just forty-eight hours to disprove the story about the chief justice. But when the call girl is found murdered, the case takes a dangerous turn, and Nick resolves to find the mastermind behind the conspiracy before anyone else falls victim to the maelstrom of political scandal and ruined reputations predicated upon one long-buried secret.

Author : Dorothy Otnow Lewis, Ph.D.
Publisher : Ivy Books
Page : 352 pages
File Size : 51,8 Mb
Release : 2009-02-04
Category : Law
ISBN : 9780307556554

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Guilty by Reason of Insanity by Dorothy Otnow Lewis, Ph.D. Pdf

A psychiatrist and an internationally recognized expert on violence, Dorothy Otnow Lewis has spent the last quarter century studying the minds of killers. Among the notorious murderers she has examined are Ted Bundy, Arthur Shawcross, and Mark David Chapman, the man who shot John Lennon. Now she shares her groundbreaking discoveries--and the chilling encounters that led to them. From a juvenile court in Connecticut to the psychiatric wards of New York City's Bellevue Hospital, from maximum security prisons to the corridors of death row, Lewis and her colleague, the eminent neurologist Jonathan Pincus, search to understand the origins of violence. GUILTY BY REASON OF INSANITY is an utterly absorbing odyssey that will forever change the way you think about crime, punishment, and the law itself.

Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 216 pages
File Size : 46,5 Mb
Release : 2018-11-12
Category : Philosophy
ISBN : 9780674989412

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The Limits of Blame by Erin I. Kelly Pdf

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

Author : Federica Coppola
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 44,6 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509934317

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The Emotional Brain and the Guilty Mind by Federica Coppola Pdf

This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

Author : Robin James
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2021-12-10
Category : Electronic
ISBN : 1951327292

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Guilty Acts by Robin James Pdf

Author : Tami Hoag
Publisher : Bantam
Page : 626 pages
File Size : 51,7 Mb
Release : 2003-12-30
Category : Fiction
ISBN : 9780553898453

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Guilty as Sin by Tami Hoag Pdf

A cold-blooded kidnapper has been playing a twisted game with a terrified Minnesota town. Now a respected member of the community stands accused of a horrific act of evil. But when a second boy disappears, a frightened public demands to know: Have the police caught the wrong man? Is the nightmare continuing—or just beginning? Prosecutor Ellen North believes she’s building a case against a guilty man—and that he has an accomplice in the shadows. As she prepares for the trial of her career, Ellen suddenly finds herself swept into a cruel contest of twisted wits, a dark dance of life and death . . . with an evil mind as guilty as sin. Praise for Tami Hoag and Guilty as Sin “Without a doubt . . . one of the most intense suspense writers around.”—Chicago Tribune “A chilling study of evil that holds the reader until the shocking surprise ending.”—New York Times bestselling author Phillip Margolin “The tangled relationships that lie just beneath the surface of Deer Lake are tantalizingly revealed.”—The New York Times Book Review “Accomplished and scary.”—Cosmopolitan

Author : Richard Levinson,William Link
Publisher : Samuel French, Inc.
Page : 92 pages
File Size : 40,9 Mb
Release : 1985
Category : Drama
ISBN : 0573619808

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Guilty Conscience by Richard Levinson,William Link Pdf

Author : Dana Schwartz
Publisher : Grand Central Publishing
Page : 246 pages
File Size : 43,7 Mb
Release : 2018-06-19
Category : Biography & Autobiography
ISBN : 9781478970385

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Choose Your Own Disaster by Dana Schwartz Pdf

A"hilarious and heartbreaking" (Jo Piazza) and unflinchingly honest memoir about one young woman's terrible and life-changing decisions while hoping--and sometimes failing--to find herself, in the style of Never Have I Ever and Adulting. Join Dana Schwartz on a journey revisiting all of the awful choices she made in her early twenties through the internet's favorite method of self-knowledge: the quiz. Part-memoir, part-VERY long personality test, Choose Your Own Disaster is a manifesto about the millennial experience and modern feminism and how the easy advice of "you can be anything you want!" is actually pretty fucking difficult when there are so many possible versions of yourself it seems like you could be. Dana has no idea who she is, but at least she knows she's a Carrie, a Ravenclaw, a Raphael, a Belle, a former emo kid, a Twitter addict, and a millennial just trying her best. This long-form personality quiz manages to combine humor with unflinching honesty as one young woman tries to find herself amid the many, many choices that your twenties have to offer.

Author : Alan Dershowitz
Publisher : Simon and Schuster
Page : 181 pages
File Size : 50,9 Mb
Release : 2019-11-19
Category : Law
ISBN : 9781510757561

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Guilt by Accusation by Alan Dershowitz Pdf

A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.

Author : Teri Kanefield
Publisher : Houghton Mifflin Harcourt
Page : 149 pages
File Size : 44,7 Mb
Release : 2014-11-04
Category : Young Adult Nonfiction
ISBN : 9780544465565

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Guilty? by Teri Kanefield Pdf

"An extraordinary book . . . that could well be mind-blowing to the thoughtful young reader who is ready to move beyond the black-and-white notion that a particular act is wrong simply because it is illegal." --Richie Partington When does strategy become cheating? Can good luck be theft? Is killing always a crime? Real-world cases show there are often no clear-cut answers in this fascinating look at the ever-evolving world of law and order, and crime and punishment. When some people kill, they are jailed or even executed. When others do, they are celebrated as heroes. Though this example is extreme, it’s just one of many that author and lawyer Teri Kanefield explores in depth. From an examination of what constitutes a crime, why and how we punish people who commit crimes, how the government determines these rules, to how citizens have reacted when they feel laws aren’t fair, this book will challenge young readers’ thinking about law and order, crime and punishment, while giving them specific legal cases to ponder along the way. For ages 12 and up, this examination of the legal system will also include historical photography to help bring each legal case to life.

Author : Jose Baez,Peter Golenbock
Publisher : BenBella Books, Inc.
Page : 482 pages
File Size : 53,6 Mb
Release : 2013-08-27
Category : True Crime
ISBN : 9781937856779

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Presumed Guilty by Jose Baez,Peter Golenbock Pdf

New York Times bestseller Presumed Guilty exposes shocking, never-before revealed, exclusive information from the trial of the century and the verdict that shocked the nation. When Caylee Anthony was reported missing in Orlando, Florida, in July 2008, the public spent the next three years following the investigation and the eventual trial of her mother, Casey Anthony. On July 5, 2011, the case that captured headlines worldwide exploded when, against all odds, defense attorney Jose Baez delivered one of the biggest legal upsets in American history: a not-guilty verdict. In this tell-all, Baez shares secrets the defense knew but has not disclosed to anyone until now and frankly reveals his experiences throughout the entire case—discovering the evidence, meeting Casey Anthony for the first time, being with George and Cindy Anthony day after day, leading defense strategy meetings, and spending weeks in the judge's chambers. Presumed Guilty shows how Baez, a struggling, high-school dropout, became one of the nation's most high-profile defense attorneys through his tireless efforts to seek justice for one of the country's most vilified murder suspects.