The Mens Rea Requirement of Accomplice Liability in Criminal Law PDF Download
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Author: Louis Westerfield
Publisher:
ISBN:
Category : Accomplices
Languages : en
Pages : 254
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Book Description
Author: Louis Westerfield
Publisher:
ISBN:
Category : Accomplices
Languages : en
Pages : 254
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Book Description
Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
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Book Description
Author: Laura Ausserladscheider Jonas
Publisher: BRILL
ISBN: 900447093X
Category : Law
Languages : en
Pages : 256
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Book Description
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Author: Andrew Simester
Publisher: Oxford University Press, USA
ISBN: 0198853149
Category : Law
Languages : en
Pages : 537
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Book Description
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
Author: Mohamed Elewa Badar
Publisher: Bloomsbury Publishing
ISBN: 1782250662
Category : Law
Languages : en
Pages : 400
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Book Description
The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Author: Darrows Legal Darrows Legal Notes
Publisher: Createspace Independent Publishing Platform
ISBN: 9781540650498
Category :
Languages : en
Pages : 102
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Book Description
Criminal Law Summary Notes Designed specifically for the first year law student! Darrows Legal Notes : Criminal Law. Used by more law students than any other book. You've seen your classmates pore through them and soon you'll know why: Darrows Legal Notes are among the best commercial law school outlines available. Most first-year students think that the substantive side of Criminal Law is easy. But as many students find out every year, the subject can be very subtle indeed. Darrows Legal Notes: Criminal Law helps you spot and understand these subtleties. Virtually every Model Penal Code provision is analyzed in detail. Criminal Law topics covered include: Actus Reus and Mens Rea; Causation: Cause in Fact, Proximate Cause; Unintended Victims; Unintended Manner of Harm; Responsibility: Insanity, Diminished Responsibility, Automatism, Intoxication, Infancy; Justification and Excuse: Duress, Necessity, Self-Defense, Defense of Others, Defense of Property; Consent; Entrapment; Attempt: Mental State, Mere Preparation; Impossibility; Conspriacy: The Agreement, Mens Rea, The Conspiratorial Objective, Multiple Objectives, Multiple Parties, Duration of Conspiracy, The Plurality Requirement, Accomplice; Liability and Solicitation: Parties to Crime, The Act Requirement, Mental State, Additional Crimes by Principal, Guilt of the Principal, Withdrawal by the Accomplice, Victims as Accomplices, Post-Crime Assistance, Solicitation; Crimes Against the Person: Homicide, Murder, Felony Murder, Degrees of Murder, Voluntary Manslaughter, Involuntary Manslaughter; Assult, Battery & Mayhem; Rape; Kidnapping; Theft Crimes: Larceny, Embezzlement, False Pretenses, Consolidation of Theft, Burglary; Robbery; Blackmail and Extortion. If you're looking for a study guide, we highly recommend the complete Darrows Legal Notes series! Don't get left behind.
Author: Audrey Rogers
Publisher:
ISBN:
Category :
Languages : en
Pages : 36
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Book Description
This Article addresses the issue of the proper extent of a secondary actor's culpability for unintentional crimes committed by another. Part I reviews accomplice liability and its mens rea requirements generally. Part II discusses the history of the application of complicity theory to unintentional crimes. Part III examines whether accomplice liability for unintentional crimes is proper, and concludes that in keeping with complicity's doctrinal requirements, liability is appropriate only when the secondary actor has the intent to aid in the commission of the culpable act that results in unplanned harm. It evaluates whether the various categories of accomplice statutes sufficiently delineate the intent requirement of accomplice liability for unintentional crimes. In addition, Part III suggests that courts generally assess liability for unintentional crimes indiscriminately because they misunderstand the intent requirements of accomplice liability.
Author: Marjolein Cupido
Publisher: Cambridge University Press
ISBN: 1108590152
Category : Law
Languages : en
Pages :
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Book Description
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Author: Kathryn H. Christopher
Publisher: Oxford University Press, USA
ISBN: 0195391772
Category : Law
Languages : en
Pages : 298
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Book Description
Law students often find criminal law to be one of the most interesting, but also one of the most difficult courses. In Criminal Law: Model Problems and Outstanding Answers, Russell Christopher and Kathryn Christopher make criminal law both easier and more interesting by offering typical fact patterns and model answers, followed by an important self-assessment section.
Author: Miles Jackson
Publisher: Oxford University Press, USA
ISBN: 0198736932
Category : Law
Languages : en
Pages : 273
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Book Description
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
