Description : Business corporations wield enormous economic power: they are producers, service providers, media manipulators, political campaigners, OXF J LEG S, employers, consumers, May 2001 polluters,... and sometimes criminals. Legal structures largely serve their interests, corporate personality protects their owners from the full consequences of failure and the regulation to which they are subject assumes their beneficence. This book analyses the background to the demands to use criminal law sanctions against corporations, including the rise in the demand for corporate manslaughter prosecutions and the difficulties in attributing blame to an artificial body.
Description : What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Description : Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
Description : This book provides an account of criminal responsibility. Part 1 of the book provides an account of some of the underlying principles of criminal responsibility in the context of political theory. Part 2 uses insights to reconsider some of the central doctrines of criminal responsibility.
Description : Using a comparative and historical analysis of the relevant law and practice in England and Germany, this incisive volume examines the issue of whether there is still a need in modern society for an individual assessment of the criminal responsibility of children and young persons. After finding that the evidence suggests that there is a need, the author addresses the question of how these special rules could best be formulated and applied in practice. The book provides a thorough and comprehensive approach to this highly controversial issue, critically evaluating the recent abolition of the presumption of doli incapax in England and also providing valuable material on the German Law in this area.
Description : Instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.
Description : Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.
Description : In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Description : The public is increasingly concerned with corporate responsibility for fatal accidents and the criminal law is increasingly invoked to punish corporate fault.This work provides a practical guide to the implications of this area of law. It reviews the background to corporate criminal liability, considers who is responsible, discusses specific offences, and examines the present position of corporations facing a manslaughter allegation and what an Involuntary Homicide Act is likely to change.À Practical treatment of major offences affecting companiesÀ Covers the new offences of corruption and the regime of restraintÀ Gathers together a wide range of material - enabling immediate reference on procedure, evidence and law in a single sourceÀ Sets out the relevant parts of leading authorities on the subject
Description : 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.