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The Mind of the Criminal
In American criminal law, if a defendant demonstrates that they lack certain psychological capabilities, they may be excused of blame and punishment for wrongdoing. However, criminal defense law often fails to consider the developmental science of individual differences in ability and functioning that may inform jurisprudential issues of rational capacity and responsibility in criminal law. This book discusses the excusing nature of a range of both traditional and non-traditional criminal law defenses and questions the structure of these defenses based on scientific findings from social and developmental psychology. This book explores how research on individual differences in the development of social perception, judgment and decision making explain why some youths and adults develop psychological tendencies that favor criminal behavior, and considers how developmental science can guide the understanding of criminal excuses and affirmative defense law.
Examples & Explanations for Criminal Law
Employing the unique, time-tested Examples & Explanations pedagogy, Examples & Explanations: Criminal Law combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and to provide practice in applying information to fact patterns. The questions, which often raise a variety of issues in one fact situation, are similar to those on a law school or bar examination. New to the Ninth Edition: Discussion of self-defense and police use of force issues Discussion of changes in model penal code rape law Interesting hypothetical situations based on real cases in recent years Professors and students will benefit ...
Ignorance of Law
This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
The Constitution and the Future of Criminal Justice in America
The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
Exploring the Macabre, Malevolent, and Mysterious
In this unique volume, a number of scholars spanning diverse areas and backgrounds offer fresh insight into how perceived concepts of horror and dark subject matter influence cultures and societies around the world. The contributions here explore how topics considered disturbing, mysterious, or fascinating are found not only in works of fiction and entertainment, but also in the cultural fabrics, belief systems, artistic creations, and even governmental structures of societies. Topics discussed in this book include witchcraft, voodoo, zombies, spiritualism, serial killers, monsters, cemeteries, pop culture entertainment, and the sublime in transcendental experiences. As the academic study of horror becomes more mainstream, collections such as this are instrumental in realizing just how much it impacts our lives—past, present, future, and imaginary. Thus, this volume of intriguing and profound topics offers scholars, students, and lovers of learning a much-needed fresh and innovative intellectual exploration of the horror genre and the cultural fascination with the mysterious unknown.
Theorizing Legal Punishment
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the insti...
Death Penalty Mitigation
This handbook examines theoretical frameworks and concepts from the social sciences with implications for guiding the identification, evaluation, and presentation of mitigation evidence.
Social Media, Criminal Law and Legality
Utilising Lon Fuller’s conception of legality, this book argues that current legal provisions often used to control online abuse aided by social media do not conform to the basic principles of legality in the criminal law, in turn, threatening freedom of expression. How we regulate inappropriate behaviour online, often referred to as online abuse, particularly online abuse aided by social media, is a contemporary concern for governments across the globe. Tragedies, such as the death of a celebrity following a campaign of online abuse, often hit the headlines, followed by the same echo: there should be a law against this. Yet, in England and Wales, numerous laws exist to control, prosecute,...
Whither Opportunity?
As the incomes of affluent and poor families have diverged over the past three decades, so too has the educational performance of their children. But how exactly do the forces of rising inequality affect the educational attainment and life chances of low-income children? In Whither Opportunity? a distinguished team of economists, sociologists, and experts in social and education policy examines the corrosive effects of unequal family resources, disadvantaged neighborhoods, insecure labor markets, and worsening school conditions on K-12 education. This groundbreaking book illuminates the ways rising inequality is undermining one of the most important goals of public education—the ability of...
The Oxford Handbook of Philosophy of Criminal Law
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
