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Author: A. P. Simester
Publisher: Hart Publishing Limited
ISBN: 9781841133645
Category : Criminal law
Languages : en
Pages : 0
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Book Description
Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.
Author: A. P. Simester
Publisher: Hart Publishing Limited
ISBN: 9781841133645
Category : Criminal law
Languages : en
Pages : 0
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Book Description
Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.
Author: A. P. Simester
Publisher:
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: Stephen Shute
Publisher: Oxford University Press, USA
ISBN: 9780199243495
Category : Law
Languages : en
Pages : 356
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Book Description
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author: Smith Simester
Publisher: Oxford University Press on Demand
ISBN: 9780198260578
Category : Language Arts & Disciplines
Languages : en
Pages : 280
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Book Description
This volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion complicity, drug-dealing and criminal harm.
Author: Robert F. Schopp
Publisher: Cambridge University Press
ISBN: 0521622115
Category : Law
Languages : en
Pages : 224
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Book Description
This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
Author: John Gardner
Publisher: Oxford University Press, USA
ISBN: 0199239355
Category : Language Arts & Disciplines
Languages : en
Pages : 303
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Book Description
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.
Author: A. P. Simester
Publisher: Oxford Monographs on Criminal
ISBN: 9780199278510
Category : Law
Languages : en
Pages : 0
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Book Description
Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.
Author: Alexander Sarch
Publisher:
ISBN: 0190056576
Category : Law
Languages : en
Pages : 297
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Book Description
The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for change.
Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507
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Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Andrew L.-T. Choo
Publisher: Oxford University Press, USA
ISBN:
Category : Criminal procedure
Languages : en
Pages : 258
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Book Description
This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.
