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Author: Guyora Binder
Publisher: Stanford University Press
ISBN: 0804781702
Category : Law
Languages : en
Pages : 367
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Book Description
The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.
Author: Guyora Binder
Publisher: Stanford University Press
ISBN: 0804781702
Category : Law
Languages : en
Pages : 367
Get Book Here
Book Description
The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.
Author: Adeyemi Oshunrinade
Publisher: AuthorHouse
ISBN: 1504901436
Category : Law
Languages : en
Pages : 308
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Book Description
The book Criminal Law: Homicide deals specifically on homicide as a subject in criminal law. With the book, I carefully carved homicide law out of criminal law by focusing on court cases dealing with homicide and by asking thought-provoking questions that provide better understanding and knowledge of the crime of homicide as a branch of criminal law.
Author: Charles Patrick Ewing
Publisher: Oxford University Press
ISBN: 0198043694
Category : Psychology
Languages : en
Pages : 215
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Book Description
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today. In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.
Author: Rodney A. Smolla
Publisher: Crown Publishing Group (NY)
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
The riveting account of the landmark "Hit Man Case"--involving a man who hired a contract killer to execute his ex-wife, his severely brain-damaged son, and the boy's nurse--written by a noted First Amendment attorney who risked his reputation and career to take on the case.
Author: Sarah Tarlow
Publisher: Springer
ISBN: 3319779087
Category : History
Languages : en
Pages : 277
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Book Description
This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.
Author: Martin Clancy
Publisher:
ISBN: 1616146486
Category : Law
Languages : en
Pages : 412
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Book Description
Offers a unique behind the scenes look at the capital punishment cases that made it to the highest court in the land.
Author: Samuel H. Pillsbury
Publisher: NYU Press
ISBN: 0814766803
Category : Law
Languages : en
Pages : 278
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Book Description
Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. After considering potential objections to this approach, including those based on determinism, unjust social conditions, and the alleged cruelty of retribution, he presents an extended critique of American homicide law. Using real case examples, Pillsbury offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.
Author: Raymond Bonner
Publisher: Vintage
ISBN: 0307948544
Category : True Crime
Languages : en
Pages : 338
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Book Description
From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.
Author: Andrew Fede
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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Book Description
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author: Brigitte Vallabhajosula
Publisher:
ISBN: 0199995729
Category : Law
Languages : en
Pages : 369
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Book Description
Answers to many legal questions often depend on our understanding of the relationship between the human brain and behavior. While there is no evidence to suggest that violence is the sole result of cognitive impairment, research does suggest that frontal lobe impairment in particular may contribute to the etiology of violent behavior.Murder in the Courtroom presents a comprehensive and detailed analysis of issues most relevant to answering questions regarding the link between cognitive functioning and violence. It is the first book to focus exclusively on the etiology and assessment of cognitive impairment in the context of violent behavior and the challenges courts face in determining the reliability of neuroscience evidence; provide objective discussions of currently available neuropsychological tests and neuroimaging techniques, and their strengths and limitations; provide a methodology for the assessment of cognitive dysfunction in the context of violent behavior that is likely to withstand a Daubert challenge; and include detailed discussions of criminal cases to illustrate important points. Clinical and forensic psychologists and psychiatrists, cognitive neuroscientists, and legal professionals will be able to use this book to further their understanding of the relationship between brain function and extreme violence.
