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Author: Stephen P. Garvey Publisher: Oxford University Press ISBN: 0190924349 Category : Law Languages : en Pages : 320
Book Description
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: Stephen P. Garvey Publisher: Oxford University Press ISBN: 0190924349 Category : Law Languages : en Pages : 320
Book Description
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: Leo Katz Publisher: University of Chicago Press ISBN: 022602797X Category : Law Languages : en Pages : 356
Book Description
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: William S. Laufer Publisher: University of Chicago Press ISBN: 0226470423 Category : Law Languages : en Pages : 306
Book Description
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Author: Dorothy Otnow Lewis, Ph.D. Publisher: Ivy Books ISBN: 0307556557 Category : Law Languages : en Pages : 352
Book Description
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: Tami Hoag Publisher: Bantam ISBN: 0553898450 Category : Fiction Languages : en Pages : 626
Book Description
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: Jose Baez Publisher: BenBella Books, Inc. ISBN: 1937856771 Category : True Crime Languages : en Pages : 482
Book Description
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.
Author: Erin I. Kelly Publisher: Harvard University Press ISBN: 0674989414 Category : Philosophy Languages : en Pages : 216
Book Description
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: Teri Kanefield Publisher: Houghton Mifflin Harcourt ISBN: 0544465563 Category : Young Adult Nonfiction Languages : en Pages : 149
Book Description
"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: Stephen P. Garvey
Author: Stephen P. Garvey
Author: Leo Katz
Author: Elizabeth Papp Kamali
Author: William S. Laufer
Author: Dorothy Otnow Lewis, Ph.D.
Author: Tami Hoag
Author: Jose Baez
Author: Robin James
Author: Erin I. Kelly
Author: Teri Kanefield