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Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 0521518776
Category : Law
Languages : en
Pages : 375
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Book Description
This book presents a comprehensive theory of a culpability-based criminal law.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 0521518776
Category : Law
Languages : en
Pages : 375
Get Book
Book Description
This book presents a comprehensive theory of a culpability-based criminal law.
Author: Gideon Yaffe
Publisher: Oxford University Press
ISBN: 019880332X
Category : Law
Languages : en
Pages : 252
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Book Description
Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 1107159946
Category : Law
Languages : en
Pages : 237
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Book Description
Through one coherent retributivist vision of the criminal law, this book explores under examined problems within criminal law theory.
Author: Ralph Slovenko
Publisher: John Wiley & Sons
ISBN: 9780471054252
Category : Psychology
Languages : en
Pages : 454
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Book Description
Of related interest . . . PSYCHOLOGICAL SERVICES FOR LAW ENFORCEMENT —Theodore H. Blau This unique training guide/reference was written in response to the ever-growing demand for psychological services in law enforcement agencies. Written by one of the nation's most respected experts in forensic psychology, it offers psychologists now working in law enforcement agencies and those interested in entering the field, a detailed overview of the many functions psychologists serve within those agencies. Organized by sections corresponding to the major functions psychologists perform—assessment, intervention, consultation, and training—the book deals with all issues that psychologists working in law enforcement will encounter in their practice, including officer recruitment, fitness-for-duty evaluations, stress counseling, drug and alcohol counseling, hostage negotiations, investigative hypnosis, management consultation, and much more. 1994 (0-471-55950-4) 454 pp. THE PSYCHOLOGICAL EXAMINATION OF THE CHILD —Theodore H. Blau Over twenty-five years in the making and the result of examinations of over four thousand children, this book is a comprehensive guide to performing psychological examinations on children. Covering virtually every aspect of the examination procedure, it offers specific recommendations and step-by-step guidelines to everything from office decor, requisite equipment, test selection, rating categories, and techniques for minimizing stress to administering tests, writing reports, and making recommendations. Closely following Dr. Blau's famous Basic Psychological Examination package, the book guides readers in their assessment of environmental pressure, behavioral responses, intellectual factors, neuropsychological status, response capabilities, academic achievement, and personality. 1991 (0-471-63559-6) 279 pp. THE PSYCHOLOGIST AS EXPERT WITNESS —Theodore H. Blau This very practical guide arms mental health professionals with everything they need to serve comfortably and effectively as expert witnesses. With the help of numerous real-life examples, excerpts from transcripts, sample forms, checklists, and legal documents, it shows you how to: prepare for your day in court; avoid being manipulated by attorneys; write up depositions and psychological and technical reports; and much more. And, as the use of mental health professionals as expert witnesses continues to extend beyond traditional judicial applications, the author addresses a wide range of untraditional situations and types of cases in which readers may be called upon to serve, including cases of liability and personal injury, eyewitness identification research, trademark and patent litigation, and others. 1984 (0-471-87129-X) 424 pp. PSYCHIATRY AND CRIMINAL CULPABILITY How do we distinguish between sin and sickness? Few cases in recent memory so well typify the current confusion over this question as that of Jeffrey Dahmer. The confessed killer of fifteen young men, Dahmer had sex with and cannibalized his victims' bodies. Yet, because he was not found to be mentally ill—the threshold requirement in tests of legal insanity-—he was convicted and sentenced to 936 years imprisonment. How is it that such a severely disturbed person as Dahmer is adjudged sane and therefore culpable, while "Twinkiedefense" killer, Dan White and would-be presidential assassin John Hinckley, Jr., are deemed not guilty by reason of insanity? What are the origins of tests for criminal responsibility, and how is mental illness defined under them? Can causal links be shown to exist between specific crimes and disorders? Psychiatry and Criminal Culpability explores, in-depth, these questions and many others at the heart of one of the most controversial issues in our criminal justice system today. Throughout, Dr. Ralph Slovenko, an acknowledged expert whose professional experience straddles both the worlds of psychiatry and the law, brings a wealth of scholarship and direct experience to bear on the subject. Citing numerous landmark cases and historical formulations of criminal responsibility dating back to biblical times, he traces the evolution of current legal and psychiatric notions of culpability and the relationship between culpability and insanity. Writing for both a mental health and legal audience, Dr. Slovenko clearly and eloquently addresses a wide range of important topical issues. He explains the distinctions between the defenses of not guilty by reason of insanity, guilty but mentally ill, and diminished capacity. He identifies the types of mental illness that currently qualify under the test of criminal responsibility, including disorders that psychiatrists do not regard as psychotic, but which, nevertheless, many experts assert negate responsibility. He explores the role of the mental health professional as an expert character witness in cases where it is uncertain whether the accused committed the crime in question. And much more. Fascinating, thought-provoking, and enlightening, Psychiatry and Criminal Culpability helps guide mental health and legal professionals through the moral and technical complexities of one of the knottiest issues of our day.
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: Larry Alexander
Publisher: Cambridge University Press
ISBN: 1108668550
Category : Law
Languages : en
Pages : 237
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Book Description
In 2009, Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.
Author: Judith Rowbotham
Publisher: Routledge
ISBN: 1136275460
Category : History
Languages : en
Pages : 240
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Book Description
This ground-breaking collection of research-based chapters addresses the themes of shame, blame and culpability in their historical perspective in the broad area of crime, violence and the modern state, drawing on less familiar territories such as Russia and Greece, not just on material from familiar locations in western Europe. Ranging from the early modern to the late twentieth century, the collection has implications for how we understand punishments imposed by states or the community today. Shame, blame and culpability is divided into three sections, with a crucial case study part complementing two theoretical parts on shame, and on blame and culpability; exploring the continuance of shaming strategies and examining their interaction with and challenge to 'modern' state-sponsored blaming mechanisms, including allocations of culpability. The collection includes chapters on the deviant body, capital punishment and, of particular interest, Russian case studies, which demonstrate the extent to which the Russian, like the Greek, experience need to be seen as part of a wider European whole when examining ideas and themes. The volume challenges ideas that shame strategies were largely eradicated in post-Enlightenment western states and societies; showing their survival into the twentieth century as a challenge to state dominance over identification of what constituted 'crime' and also over punishment practices. Shame, blame and culpability will be a key text for students and academics in the fields of criminology and crime, gender or European history.
Author: Hyman Gross
Publisher: Oxford University Press
ISBN: 0199644713
Category : Law
Languages : en
Pages : 238
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Book Description
Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Author: William Hirstein
Publisher: MIT Press
ISBN: 0262549271
Category : Psychology
Languages : en
Pages : 305
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Book Description
An examination of the relationship between the brain and culpability that offers a comprehensive neuroscientific theory of human responsibility. When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? In Responsible Brains, philosophers William Hirstein, Katrina Sifferd, and Tyler Fagan examine recent developments in neuroscience that point to neural mechanisms of responsibility. Drawing on this research, they argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. The authors' core hypothesis is that responsibility is grounded in the brain's prefrontal executive processes, which enable us to make plans, shift attention, inhibit actions, and more. The authors develop the executive theory of responsibility and discuss its implications for criminal law. Their theory neatly bridges the folk-psychological concepts of the law and neuroscientific findings.
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.
