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expands traditional inquiry regarding the significance of psychopathology in the criminal process to include blameworthiness for sentencing, criminal competence at various stages in the process, and dangerousness pairs legal analysis with empirical research in order to promotoe integration of these two aspects of relevant inquiry addresses a wide range of participants in the legal, clinical, and academic disciplines
First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
This book presents a comprehensive theory of a culpability-based criminal law.
Collects articles, on what the author terms "basic questions" about the law, particularly in regard to the relationship to morality. This volume reflects the diverse nature of his own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
What does Sharia Law look like in the actual practice of family law? How do lawyers lead witnesses contradict themselves, or make "hate crimes" seem less hateful or criminal in particular cases? This collection of empirical studies addresses these and many other questions about the conduct of law in practice by treating law as a relationship between legal institutions and an external society.
This volume collects, for the first time, a selection of criminal law scholar George Fletcher's most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the impact of the respective essay in the development of the criminal law and assess its future significance.
In order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as “problem-solving” because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fo...
Based on case studies from the US, UK and Australia, this book looks at the ways in which female killers are constructed in the media, in law and in feminist discourse almost invariably as victims rather than actors in the crimes they commit.
"You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state fr...