Bad Acts and Guilty Minds

Bad Acts and Guilty Minds
Title Bad Acts and Guilty Minds PDF eBook
Author Leo Katz
Publisher University of Chicago Press
Pages 356
Release 2012-12-15
Genre Law
ISBN 022602797X

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The author of Ill-Gotten Gains uses philosophy and psychology to examine how human behavior can be questioned under criminal law. Henri plans a trek through the desert. Alphonse, intending to kill Henri, puts poison into his canteen. Gaston also intends to kill Henri but has no idea what Alphonse has been up to. He puncture’s Henri’s canteen, and Henri dies of thirst. Who has caused Henri’s death? Was it Alphonse? Gaston? Or neither? Strange conundrums like this one have fascinated lawyers and no lawyers for centuries, raising problems of causation, intention, negligence, necessity, duress, complicity, and attempt. With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying these moral, linguistic, and psychological puzzles that plague the criminal law. Drawing on insights from analytical philosophy and psychology, he brings order into the seemingly endless multiplicity of these puzzles: many of them turn out to be variations of a few basic philosophical problems, making their appearance in different guises. To test his arguments, Katz moves far beyond the traditional body of exemplary criminal law cases. He brings into view the decisions of common law judges in colonial and postcolonial Africa, famous cases such as the Nuremberg trials, Aaron Burr’s treason, and ABSCAM, as well as well-known incidents in fiction. Praise for Bad Acts and Guilty Minds “Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles.” —Edward N. Costikyan, New York Times Book Review “With its novel combination of theoretical and interdisciplinary learning, its refreshingly new approach to old problems, and the easy accessibility made possible by the lightness of its style, Katz’s book should become a classic in the field for years to come. I would recommend it to beginning law students and lay persons interested in an introduction to the field, as well as to criminal law academics interested in furthering their already well-developed understanding of criminal law theory.” —Michael S. Moore, author of Law and Psychiatry: Rethinking the Relationship

Guilty Acts, Guilty Minds

Guilty Acts, Guilty Minds
Title Guilty Acts, Guilty Minds PDF eBook
Author Stephen P. Garvey
Publisher Oxford University Press
Pages 320
Release 2020-05-25
Genre Law
ISBN 0190924349

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When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

Guilty Acts, Guilty Minds

Guilty Acts, Guilty Minds
Title Guilty Acts, Guilty Minds PDF eBook
Author Stephen P. Garvey
Publisher Oxford University Press, USA
Pages 335
Release 2020
Genre Law
ISBN 0190924322

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"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 from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends"--

The Limits of Blame

The Limits of Blame
Title The Limits of Blame PDF eBook
Author Erin I. Kelly
Publisher Harvard University Press
Pages 241
Release 2018-11-12
Genre Philosophy
ISBN 0674980778

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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Prior Bad Acts

Prior Bad Acts
Title Prior Bad Acts PDF eBook
Author Tami Hoag
Publisher Bantam
Pages 562
Release 2006-03-21
Genre Fiction
ISBN 0553902458

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New York Times bestselling author Tami Hoag returns with a thriller that begins with a shocking crime scene you’ll never forget and follows two relentless detectives on a manhunt that ends in a chilling confrontation with the essence of human evil. It was a crime so brutal, it changed the lives of even the most hardened homicide cops. The Haas family murders left a scar on the community nothing can erase, but everyone agrees that convicting the killer, Karl Dahl, is a start. Only Judge Carey Moore seems to be standing in the way. Her ruling that Dahl’s prior criminal record is inadmissible raises a public outcry—and puts the judge in grave danger. When an unknown assailant attacks Judge Moore in a parking garage, two of Minneapolis’ s top cops are called upon to solve the crime and keep the judge from further harm. Detective Sam Kovac is as hard-boiled as they come, and his wisecracking partner, Nikki Liska, isn’t far behind. Neither one wants to be on this case, but when Karl Dahl escapes from custody, everything changes, and a seemingly straightforward case cartwheels out of control. The stakes go even higher when the judge is kidnapped—snatched out of her own bed even as the police sit outside, watching her house. Now Kovac and Liska must navigate through a maze of suspects that includes the stepson of a murder victim, a husband with a secret life, and a rogue cop looking for revenge where the justice system failed. With no time to spare, the detectives are pulled down a strange dark trail of smoke and mirrors, where no one is who they seem and everyone is guilty of Prior Bad Acts.

Contemporary Criminal Law

Contemporary Criminal Law
Title Contemporary Criminal Law PDF eBook
Author Matthew Lippman
Publisher SAGE
Pages 657
Release 2009-09-25
Genre Law
ISBN 1412981298

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This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include:" vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources" instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text

Verity

Verity
Title Verity PDF eBook
Author Colleen Hoover
Publisher Grand Central Publishing
Pages 295
Release 2021-10-05
Genre Fiction
ISBN 153872474X

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Whose truth is the lie? Stay up all night reading the sensational psychological thriller that has readers obsessed, from the #1 New York Times bestselling author of Too Late and It Ends With Us. #1 New York Times Bestseller · USA Today Bestseller · Globe and Mail Bestseller · Publishers Weekly Bestseller Lowen Ashleigh is a struggling writer on the brink of financial ruin when she accepts the job offer of a lifetime. Jeremy Crawford, husband of bestselling author Verity Crawford, has hired Lowen to complete the remaining books in a successful series his injured wife is unable to finish. Lowen arrives at the Crawford home, ready to sort through years of Verity’s notes and outlines, hoping to find enough material to get her started. What Lowen doesn’t expect to uncover in the chaotic office is an unfinished autobiography Verity never intended for anyone to read. Page after page of bone-chilling admissions, including Verity's recollection of the night her family was forever altered. Lowen decides to keep the manuscript hidden from Jeremy, knowing its contents could devastate the already grieving father. But as Lowen’s feelings for Jeremy begin to intensify, she recognizes all the ways she could benefit if he were to read his wife’s words. After all, no matter how devoted Jeremy is to his injured wife, a truth this horrifying would make it impossible for him to continue loving her.