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Author: Stephen P. Garvey
Publisher: Oxford University Press
ISBN: 0190924349
Category : Law
Languages : en
Pages : 320
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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
Get Book
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
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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: Elizabeth Papp Kamali
Publisher: Cambridge University Press
ISBN: 1108498795
Category : History
Languages : en
Pages : 353
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Book Description
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Author: K.L. Murphy
Publisher: HarperCollins
ISBN: 0062491628
Category : Fiction
Languages : en
Pages : 281
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Book Description
Accused of murdering his psychiatrist, a broken man must face his horrific past in order to protect his future George Vandenberg is a drunk with a volatile temper, haunted by the memory of the young woman he once loved and tragically lost. Wrestling with his guilt and pushed by his psychiatrist to confess his role in her death, he teeters on the edge of a nervous breakdown, blacking out drunk more often than not. But when his doctor turns up dead, brutally stabbed to death in his office, George has nowhere left to turn. Stunned and confused, George emerges as the primary suspect in an investigation led by Detective Mike Cancini, a D.C. cop who knows all too well how far a man can go when he’s pushed. To prove his innocence, George must face the police, his manipulative wife, and the shell of a man he’s become. But as much as George wants to forget his history, the past is not done with him…
Author: Dorothy Otnow Lewis, Ph.D.
Publisher: Ivy Books
ISBN: 0307556557
Category : Law
Languages : en
Pages : 352
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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: William S. Laufer
Publisher: University of Chicago Press
ISBN: 0226470423
Category : Law
Languages : en
Pages : 306
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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: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
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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: Jim Butcher
Publisher: Penguin
ISBN: 1101128615
Category : Fiction
Languages : en
Pages : 595
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Book Description
Wizard for hire Harry Dresden has to track down the things that go bump in the night in this novel in Jim Butcher's #1 New York Times bestselling series. There’s no love lost between Harry Dresden, the only wizard in the Chicago phone book, and the White Council of Wizards, who find him brash and undisciplined. But war with the vampires has thinned their ranks, so the Council has drafted Harry as a Warden and assigned him to look into rumors of black magic in the Windy City. As Harry adjusts to his new role, another problem arrives in the form of the tattooed and pierced daughter of an old friend—all grown up and already in trouble. Her boyfriend is the only suspect in what looks like a supernatural assault straight out of a horror film. Malevolent entities that feed on fear are loose in Chicago, but it’s all in a day’s work for a wizard, his faithful dog, and a talking skull named Bob...
Author: Tami Hoag
Publisher: Bantam
ISBN: 0553898450
Category : Fiction
Languages : en
Pages : 626
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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: Steven P. Brown
Publisher: University Alabama Press
ISBN: 0817320709
Category : History
Languages : en
Pages : 277
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Book Description
Winner of the Anne B. & James B. McMillan Prize in Southern History Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court's ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. In addition to his analysis of cases, Brown discusses the three associate justices sent from Alabama to the Supreme Court--John McKinley, John Archibald Campbell, and Hugo Black--whose cumulative influence on the institution of the Court, constitutional interpretation, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
