Author: Guyora Binder
Publisher: Stanford University Press
ISBN: 0804781702
Category : Law
Languages : en
Pages : 367
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.
Felony Murder
Author: Guyora Binder
Publisher: Stanford University Press
ISBN: 0804781702
Category : Law
Languages : en
Pages : 367
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.
Publisher: Stanford University Press
ISBN: 0804781702
Category : Law
Languages : en
Pages : 367
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.
Deterrence and the Death Penalty
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309254167
Category : Law
Languages : en
Pages : 144
Book Description
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
Publisher: National Academies Press
ISBN: 0309254167
Category : Law
Languages : en
Pages : 144
Book Description
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
Murder at the Supreme Court
Author: Martin Clancy
Publisher:
ISBN: 1616146486
Category : Law
Languages : en
Pages : 412
Book Description
Offers a unique behind the scenes look at the capital punishment cases that made it to the highest court in the land.
Publisher:
ISBN: 1616146486
Category : Law
Languages : en
Pages : 412
Book Description
Offers a unique behind the scenes look at the capital punishment cases that made it to the highest court in the land.
Murder and Society
Author: Peter Morrall
Publisher: John Wiley & Sons
ISBN: 0470030224
Category : Psychology
Languages : en
Pages : 214
Book Description
Human psychological and physical well-being is damaged and destroyed when people are deliberately killed by other people. There are millions of primary and secondary victims of murder throughout the world, and human society as a whole is a tertiary victim of murder. Despite this, people are often fascinated and engrossed by stories of homicide and killers. This book provides a fascinating exploration of murder, providing an insight into what leads people to kill and what effect this has on society as a whole. This book is organized into five chapters that each answer a specific question on murder: What is Murder? Who Commits Murder? Why Commit Murder? Why is Murder Devastating? Why is Murder Fascinating?
Publisher: John Wiley & Sons
ISBN: 0470030224
Category : Psychology
Languages : en
Pages : 214
Book Description
Human psychological and physical well-being is damaged and destroyed when people are deliberately killed by other people. There are millions of primary and secondary victims of murder throughout the world, and human society as a whole is a tertiary victim of murder. Despite this, people are often fascinated and engrossed by stories of homicide and killers. This book provides a fascinating exploration of murder, providing an insight into what leads people to kill and what effect this has on society as a whole. This book is organized into five chapters that each answer a specific question on murder: What is Murder? Who Commits Murder? Why Commit Murder? Why is Murder Devastating? Why is Murder Fascinating?
Survived by One
Author: Robert E. Hanlon
Publisher: SIU Press
ISBN: 0809332639
Category : True Crime
Languages : en
Pages : 224
Book Description
On November 8, 1985, 18-year-old Tom Odle brutally murdered his parents and three siblings in the small southern Illinois town of Mount Vernon, sending shockwaves throughout the nation. The murder of the Odle family remains one of the most horrific family mass murders in U.S. history. Odle was sentenced to death and, after seventeen years on death row, expected a lethal injection to end his life. However, Illinois governor George Ryan’s moratorium on the death penalty in 2000, and later commutation of all death sentences in 2003, changed Odle’s sentence to natural life. The commutation of his death sentence was an epiphany for Odle. Prior to the commutation of his death sentence, Odle lived in denial, repressing any feelings about his family and his horrible crime. Following the commutation and the removal of the weight of eventual execution associated with his death sentence, he was confronted with an unfamiliar reality. A future. As a result, he realized that he needed to understand why he murdered his family. He reached out to Dr. Robert Hanlon, a neuropsychologist who had examined him in the past. Dr. Hanlon engaged Odle in a therapeutic process of introspection and self-reflection, which became the basis of their collaboration on this book. Hanlon tells a gripping story of Odle’s life as an abused child, the life experiences that formed his personality, and his tragic homicidal escalation to mass murder, seamlessly weaving into the narrative Odle’s unadorned reflections of his childhood, finding a new family on death row, and his belief in the powers of redemption. As our nation attempts to understand the continual mass murders occurring in the U.S., Survived by One sheds some light on the psychological aspects of why and how such acts of extreme carnage may occur. However, Survived by One offers a never-been-told perspective from the mass murderer himself, as he searches for the answers concurrently being asked by the nation and the world.
Publisher: SIU Press
ISBN: 0809332639
Category : True Crime
Languages : en
Pages : 224
Book Description
On November 8, 1985, 18-year-old Tom Odle brutally murdered his parents and three siblings in the small southern Illinois town of Mount Vernon, sending shockwaves throughout the nation. The murder of the Odle family remains one of the most horrific family mass murders in U.S. history. Odle was sentenced to death and, after seventeen years on death row, expected a lethal injection to end his life. However, Illinois governor George Ryan’s moratorium on the death penalty in 2000, and later commutation of all death sentences in 2003, changed Odle’s sentence to natural life. The commutation of his death sentence was an epiphany for Odle. Prior to the commutation of his death sentence, Odle lived in denial, repressing any feelings about his family and his horrible crime. Following the commutation and the removal of the weight of eventual execution associated with his death sentence, he was confronted with an unfamiliar reality. A future. As a result, he realized that he needed to understand why he murdered his family. He reached out to Dr. Robert Hanlon, a neuropsychologist who had examined him in the past. Dr. Hanlon engaged Odle in a therapeutic process of introspection and self-reflection, which became the basis of their collaboration on this book. Hanlon tells a gripping story of Odle’s life as an abused child, the life experiences that formed his personality, and his tragic homicidal escalation to mass murder, seamlessly weaving into the narrative Odle’s unadorned reflections of his childhood, finding a new family on death row, and his belief in the powers of redemption. As our nation attempts to understand the continual mass murders occurring in the U.S., Survived by One sheds some light on the psychological aspects of why and how such acts of extreme carnage may occur. However, Survived by One offers a never-been-told perspective from the mass murderer himself, as he searches for the answers concurrently being asked by the nation and the world.
A Murder of No Consequence
Author: James Garcia Woods
Publisher: Lume Books
ISBN: 9781839014383
Category :
Languages : en
Pages : 266
Book Description
For Inspector Ruiz the death of a young woman in Retiro Park has a significance that even he does not fully understand. An intriguing mystery that paints a vivid picture of a society - and a way of life - on the verge of collapse.
Publisher: Lume Books
ISBN: 9781839014383
Category :
Languages : en
Pages : 266
Book Description
For Inspector Ruiz the death of a young woman in Retiro Park has a significance that even he does not fully understand. An intriguing mystery that paints a vivid picture of a society - and a way of life - on the verge of collapse.
United States Attorneys' Manual
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
Book Description
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
Book Description
Murder Was Not a Crime
Author: Judy E. Gaughan
Publisher: University of Texas Press
ISBN: 0292721110
Category : History
Languages : en
Pages : 215
Book Description
Embarking on a unique study of Roman criminal law, Judy Gaughan has developed a novel understanding of the nature of social and political power dynamics in republican government. Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder. With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence. Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.
Publisher: University of Texas Press
ISBN: 0292721110
Category : History
Languages : en
Pages : 215
Book Description
Embarking on a unique study of Roman criminal law, Judy Gaughan has developed a novel understanding of the nature of social and political power dynamics in republican government. Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder. With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence. Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.
Homicide Justified
Author: Andrew Fede
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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.
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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.
Listening to Killers
Author: James Garbarino
Publisher: Univ of California Press
ISBN: 0520958748
Category : Psychology
Languages : en
Pages : 307
Book Description
Listening to Killers offers an inside look at twenty years' worth of murder files from Dr. James Garbarino, a leading expert psychological witness who listens to killers so that he can testify in court. The author offers detailed accounts of how killers travel a path that leads from childhood innocence to lethal violence in adolescence or adulthood. He places the emotional and moral damage of each individual killer within a larger scientific framework of social, psychological, anthropological, and biological research on human development. By linking individual cases to broad social and cultural issues and illustrating the social toxicity and unresolved trauma that drive some people to kill, Dr. Garbarino highlights the humanity we share with killers and the role of understanding and empathy in breaking the cycle of violence.
Publisher: Univ of California Press
ISBN: 0520958748
Category : Psychology
Languages : en
Pages : 307
Book Description
Listening to Killers offers an inside look at twenty years' worth of murder files from Dr. James Garbarino, a leading expert psychological witness who listens to killers so that he can testify in court. The author offers detailed accounts of how killers travel a path that leads from childhood innocence to lethal violence in adolescence or adulthood. He places the emotional and moral damage of each individual killer within a larger scientific framework of social, psychological, anthropological, and biological research on human development. By linking individual cases to broad social and cultural issues and illustrating the social toxicity and unresolved trauma that drive some people to kill, Dr. Garbarino highlights the humanity we share with killers and the role of understanding and empathy in breaking the cycle of violence.