Criminally Ignorant
Title | Criminally Ignorant PDF eBook |
Author | Dr. Alexander Sarch |
Publisher | Oxford University Press |
Pages | 297 |
Release | 2019-05-29 |
Genre | Law |
ISBN | 0190056584 |
This is a book about the legal fiction that sometimes we know what we don't. The willful ignorance doctrine says defendants who bury their heads in the sand rather than learn they're doing something criminal are punished as if they knew. Not all legal fictions are unjustified, however. This one, used within proper limits, is a defensible way to promote the aims of the criminal law. Preserving your ignorance can make you as culpable as if you knew what you were doing, and so the interests and values protected by the criminal law can be promoted by treating you as if you had knowledge. This book provides a careful defense of this method of imputing mental states based on equal culpability. On the one hand, the theory developed here shows why the willful ignorance doctrine is only partly justified and requires reform. On the other hand, it demonstrates that the criminal law needs more legal fictions of this kind. Repeated indifference to the truth may substitute for knowledge, and very culpable failures to recognize risks can support treating you as if you took those risks consciously. Moreover, equal culpability imputation should also be applied to corporations, not just individuals. Still, such imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for reform.
Criminally Ignorant
Title | Criminally Ignorant PDF eBook |
Author | Alexander Sarch |
Publisher | |
Pages | 297 |
Release | 2019 |
Genre | Law |
ISBN | 0190056576 |
The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for change.
Criminally Ignorant
Title | Criminally Ignorant PDF eBook |
Author | Alexander Sarch |
Publisher | |
Pages | 282 |
Release | 2019 |
Genre | LAW |
ISBN | 9780190056605 |
'Criminally Ignorant' deals with the legal fiction that we know what we don't. If you bury your head in the sand rather than learn you're committing a crime, you can be punished as if you knew. How can that be justified? This book offers a framework to explain why it's not as puzzling as it seems.
The Age of Culpability
Title | The Age of Culpability PDF eBook |
Author | Gideon Yaffe |
Publisher | Oxford University Press |
Pages | 252 |
Release | 2018 |
Genre | Law |
ISBN | 019880332X |
Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
A Treatise on Criminal Law
Title | A Treatise on Criminal Law PDF eBook |
Author | Francis Wharton |
Publisher | |
Pages | 1320 |
Release | 1912 |
Genre | Criminal law |
ISBN |
Guidelines Manual
Title | Guidelines Manual PDF eBook |
Author | United States Sentencing Commission |
Publisher | |
Pages | 24 |
Release | 1996-11 |
Genre | Sentences (Criminal procedure) |
ISBN |
America's Dumbest Criminals
Title | America's Dumbest Criminals PDF eBook |
Author | Daniel Butler |
Publisher | HarperChristian + ORM |
Pages | 173 |
Release | 1995-09-29 |
Genre | True Crime |
ISBN | 1418558796 |
100 crazy stories of America's dumbest criminals. WARNING: The crimes you are about to read are true. The names have been changed . . . to protect the ignorant. Here is the ultimate collection of the most incredibly stupid and painfully dumb attempts at crime ever brought together. The woman who invalidated her winning $5,000 lottery ticket by altering it to match the $20 prize number The accused vending-machine thief who paid his $400 bail entirely in quarters The streaking robber who thought clothes would make him more identifiable The convenience store thief who got away with just a hotdog, only to end up in the parking lot choking on the wiener