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 |
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
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 |
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.
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 |
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.
Felony and the Guilty Mind in Medieval England
Title | Felony and the Guilty Mind in Medieval England PDF eBook |
Author | Elizabeth Papp Kamali |
Publisher | Cambridge University Press |
Pages | 353 |
Release | 2019-08 |
Genre | History |
ISBN | 1108498795 |
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Verity
Title | Verity PDF eBook |
Author | Colleen Hoover |
Publisher | Grand Central Publishing |
Pages | 295 |
Release | 2021-10-05 |
Genre | Fiction |
ISBN | 153872474X |
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.
Corporate Bodies and Guilty Minds
Title | Corporate Bodies and Guilty Minds PDF eBook |
Author | William S. Laufer |
Publisher | University of Chicago Press |
Pages | 306 |
Release | 2008-10-31 |
Genre | Law |
ISBN | 0226470423 |
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Prior Bad Acts
Title | Prior Bad Acts PDF eBook |
Author | Tami Hoag |
Publisher | Bantam |
Pages | 562 |
Release | 2006-03-21 |
Genre | Fiction |
ISBN | 0553902458 |
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.