Description : Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.
Description : An original analysis and in-depth historical examination of criminal responsibility in the context of Australian criminal law.
Description : Building on the strengths of prior editions, CRIMINAL LAW, Seventh Edition, integrates updated cases and new real-world examples to provide a current, engaging, and succinct introduction to criminal law. This successful and time-tested text couples a classic organization and traditional presentation of case law with cutting-edge coverage of recent trends in law. The author's academic and legal experience provides students with firsthand insights into the American legal system, while ample pedagogy and simple, non-legal language make the book's writing uniquely accessible. Utilizing extensive case material, the book covers the historical background of criminal law as well as the most significant recent developments. This volume is one of two updated splits of the combined CRIMINAL LAW AND PROCEDURE, Eighth Edition (c. 2014), by the same author. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Description : This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government—one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law, addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS.
Description : Hall, Jerome. General Principles of Criminal Law. Second Edition. Indianapolis: The Bobbs Merrill Company, . xii, 642 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-498-3. Cloth. $125. * The standard one-volume treatise based on classic legal-realist principles. As its title suggests, Hall provides more than a thorough overview of the subject; he analyzes the principles that comprise its foundations with an emphasis on their creation and definition by officials. This process is explored in its chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt, as well as its general chapters on criminology, criminal theory and penal theory. Acclaimed when its first edition appeared in 1947, it has been cited regularly ever since.
Description : Most major crime in this country emanates from two major data sources. The FBIâ€™s Uniform Crime Reports has collected information on crimes known to the police and arrests from local and state jurisdictions throughout the country. The National Crime Victimization Survey, a general population survey designed to cover the extent, nature, and consequences of criminal victimization, has been conducted annually since the early1970s. This workshop was designed to consider similarities and differences in the methodological problems encountered by the survey and criminal justice research communities and what might be the best focus for the research community. In addition to comparing and contrasting the methodological issues associated with self-report surveys and official records, the workshop explored methods for obtaining accurate self-reports on sensitive questions about crime events, estimating crime and victimization in rural counties and townships and developing unbiased prevalence and incidence rates for rate events among population subgroups.
Description : A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Description : 60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.
Description : Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.