Criminal law: procedure and offences Books

Book SynopsisThe essays selected for this volume show how relations between past, current and future generations have become a major subject of philosophical research since the 1970s. The relations between people alive today with people who may exist in the future and people now deceased, differ from relations between contemporaries and in ways that raise new conceptual, logical and substantive questions. Among the questions addressed in this volume are: what is the status of people now deceased and people who may exist in the future? Can the latter be harmed by the actions of people alive today? What duties of justice do we have towards people with whom we can neither interact nor co-operate, and can people who are indirect victims of past injustices legitimately claim compensation? Answers to these questions are relevant in a number of policy areas, most notably in issues regarding reparations for historical injustice and responding to climate change and its consequences.Table of ContentsContents: Introduction; Part I Foundations: Utilitarianism and new generations, Jan Narveson; Distributive shares, John Rawls; The non-identity problem, Derek Parfit; The intractability of the non-identity problem, David Heyd; Surviving duties and symbolic compensation, Lukas H. Meyer; Discounting the future, John Broome; What motivates us to care for the (distant) future?, Dieter Birnbacher. Part II Substantive Principles of Intergenerational Justice: Wrongful life, procreative responsibility, and the significance of harm, Seana Valentine Shiffrin; Sustainability and intergenerational justice, Brian Barry; Nonideal theory, John Rawls; Enough for the future, Lukas H. Meyer and Dominic Roser; Three models of intergenerational reciprocity, Axel Gosseries; Life extension versus replacement, Gustaf Arrhenius; The pure intergenerational problem, Stephen M. Gardiner; Climate change and the duties of the advantaged, Simon Caney. Part III Normative Significance of Historical Injustices and their Consequences: The new Indian claims and original rights to land, David Lyons; Superseding historic injustice, Jeremy Waldron; The apology paradox, Janna Thompson; Transgenerational compensation, George Sher; Who can be wronged?, Rahul Kumar; On benefiting from injustice, Daniel Butt; Climate justice and historical emissions, Lukas H. Meyer and Dominic Roser; Name index.

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Book SynopsisMichael Jefferson is Senior Lecturer in Law at the University of Sheffield. He has been the Director of Teaching for the School of Law and Director of Learning and Teaching Development for the Faculty. He was the Chair of the Association of Law Teachers. He externally examines Criminal Law and is a member of the Bar Standards Board's Central Examinations Review Panel.Table of ContentsPreface Table of cases Table of legislation Part 1 Preliminary matters Chapter 1 Introduction to Criminal Law Part 2 General principles Chapter 2 Actus reus Chapter 3 Mens rea Chapter 4 Strict liability Chapter 5 Principal parties and secondary offenders Chapter 6 Vicarious and corporate liability Chapter 7 Infancy, duress, coercion, necessity, duress of circumstances Chapter 8 Mistake, intoxication, self-defence Chapter 9 Defences of mental disorder Chapter 10 Inchoate offences Part 3 Particular offences Chapter 11 Murder Chapter 12 Manslaughter Chapter 13 Non-fatal offences Chapter 14 Rape and other sexual offences Chapter 15 Theft and robbery Chapter 16 Fraud, making off without payment Chapter 17 Blackmail, burglary, going equipped, handling Chapter 18 Criminal damage Glossary Bibliography Index

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Book SynopsisThe capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.Trade Review’...a fine collection of essays.' Journal of Human Development and CapabilitiesTable of ContentsContents: Introduction; Part I Distributive Justice: Well-being, agency, and freedom: the Dewey lectures 1984, Amartya Sen; Equality of welfare, Ronald Dworkin; Equality of resources, Ronald Dworkin. Part II Human Rights: Capabilities, entitlements, rights: supplementation and critique, Martha C. Nussbaum; Rights, capabilities, and the good society, Robin West; Elements of a theory of human rights, Amartya Sen. Part III Constitutional Law: The Supreme Court 2006 Term - foreword: constitutions and capabilities: 'perception' against lofty formalism, Martha C. Nussbaum; Constitutions and capabilities: a (necessarily) pragmatic approach, Diane P. Wood. Part IV The Family: The problem with polygamy, Thom Brooks; Who secures women's capabilities in Martha Nussbaum's quest for social justice?, Amrita Basu. Part V Cosmopolitanism and Global Justice: Assessing global poverty and inequality: income, resources, and capabilities, Ingrid Robeyns; Cosmopolitan law?, Noah Feldman; Name index.

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Book SynopsisRetribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.Table of ContentsContents: Introduction; Part I Retributions: Varieties of retribution, John Cottingham; A taxonomy of retributivism, Leo Zaibert; Punishment, Alan Brudner; Retributivism, Thom Brooks. Part II Retribution and Desert: Marxism and retribution, Jeffrie G. Murphy; Does it matter if the death penalty is arbitrarily administered?, Stephen Nathanson; Three mistakes of retributivism, David Dolinko; Why punish the deserving?, Douglas N. Husak; Competing conceptions of modern desert: vengeful, deontological, and empirical, Paul H. Robinson; Retribution and capital punishment, Thom Brooks. Part III Proportionality: How to make the punishment fit the crime, Michael Davis; Justice, civilization and the death penalty: answering van den Haag, Jeffrey H. Reiman. Part IV Retributivist Emotions: The varieties of retributive experience, Christopher Bennett; The moral worth of retribution, Michael S. Moore. Part V Retribution and Mercy: Equity and mercy, Martha C. Nussbaum. Name index.

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Book SynopsisShame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.Table of ContentsContents: Introduction. Part I Shame and Expressivism: The expressive function of punishment, Joel Feinberg; Can shaming punishments educate?, Stephen P. Garvey. Part II Shame Punishment: What do alternative sanctions mean?, Dan M. Kahan; Shaming white-collar criminals: a proposal for reform of the federal sentencing guidelines, Dan M. Kahan and Eric A. Posner; Shame, guilt, and punishment, Raffaele Rodogno. Part III Restorative Justice and Shame Punishment: The family model of the criminal process: reintegrative shaming, John Braithwaite; Shame and guilt in restorative justice, Raffaele Rodogno. Part IV Dignity and Shame Punishment: Shaming citizens?, Martha C. Nussbaum; Shame on you, shame on me? Nussbaum on shame punishment, Thom Brooks. Part V Shame and Sexual Offenders: Examining sex offender community notification laws, Abril R. Bedarf; The use of ’shame’ with sexual offenders, Anne-Marie McAlinden. Part VI Critics: Shame on you: an analysis of modern shame punishment as an alternative to incarceration, Aaron S. Book; Scarlet Letter punishment for juveniles: rehabilitation through humiliation?, Bonnie Mangum Braudway; What’s really wrong with shaming sanctions, Dan M. Kahan; Wrong turns on the road to alternative sanctions: reflections on the future of shaming punishments and restorative justice, Dan Markel; Open justice or open season? Should the media report the names of suspects and defendants?, Michael Bohlander. Name index.

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Book SynopsisEvery modern state sentences convicted offenders for their crimes. But what justifies the imprisonment of democratic citizens and how do we determine the severity of sentences? Does the theory of punishment closely connect with its practice? Should we support one purpose for sentencing or multiple purposes? Or should we reject sentencing in favour of alternatives to imprisonment? This volume brings together classic journal articles on sentencing selected from the work of leading, international figures in the field to address these controversial issues. Sentencing is examined from various critical perspectives, including the relation of theory and practice, the Model Penal Code and development of sentencing guidelines, the link between sentencing and emotions, punitive restoration, and sentencing alternatives such as restorative justice.Table of ContentsContents: Introduction. Part I Sentencing: Theory and Practice: Sentencing: theory, principle, and practice, Andrew Ashworth and Julian Roberts; Crime: in proportion and in perspective, John Gardner; Imprisonment and crime: can both be reduced?, Steven N. Durlauf and Daniel S. Nagin; The case for retributive sentencing, Richard L. Lippke; The place of public opinion in sentencing law, Stephen Shute. Part II Sentencing Guidelines and the Model Penal Code: The utility of desert, Paul H. Robinson and John M. Darley; The disutility of injustice, Paul H. Robinson; Sentencing guidelines at the crossroads of politics and expertise, Rachel E. Barkow; Departures from the sentencing guidelines, Andrew Ashworth; Sentencing councils and victims, Ian Edwards. Part III Sentencing and Emotions: Hearing the voices of victims and offenders: the role of emotions in criminal sentencing, Jonathan Doak and Louise Taylor. Part IV Sentencing as Punitive Restoration: The arts and prisoners: experiences of creative rehabilitation, Briege Nugent and Nancy Loucks; High-intensity rehabilitation for violent offenders in New Zealand: reconviction outcomes for high- and medium-risk prisoners, Devon L.L. Polaschek; Unified theory, Thom Brooks; Stakeholder sentencing, Thom Brooks. Part V Sentencing Alternatives: Setting standards for restorative justice, John Braithwaite; Responsibilities, rights and restorative justice, Andrew Ashworth; Feminism, rape and the search for justice, Clare McGlynn. Name index.

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Book SynopsisThis volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. The articles consider the criticisms that are often made of criminal code systems such as: the implicit restrictions on judicial discretion; the tendency towards inflexibility; the discrepancy that can develop between the theory and the development of the law in practice; and the potential difficulty of a criminal code fitting into a country's domestic socio-legal culture. The advantages of the case law system are also considered such as reliance on the judiciary for the development of the nation's criminal law as well as the ability to legislate on the problems of the day by enacting topical laws for distinct subjects. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result Table of ContentsContents: Introduction; Part I Forming a Criminal Code: A primer on codification, Ferdinand Fairfax Stone; Structuring criminal codes to perform their function, Paul H. Robinson; Codification of the criminal law (1): the case for a code, A.T.H. Smith; Codification of the criminal law (2): the technique of codification, Francis Bennion; Codification of the criminal law (3): the draft code, complicity and the inchoate offences, Andrew Ashworth; Codification of the criminal law (4): restatement or reform, Celia Wells. Part II Attempts at Codification in England and Wales, and the British Empire: Codification of the laws in seventeenth century England, Barbara Shapiro; Reconstructing the English codification debate: the Criminal Law Commissioners 1833-45, Lindsay Farmer; R.S. Wright’s Model Criminal Code: a forgotten chapter in the history of the criminal law, M.L. Friedland; The codification of the criminal law, Gráinne de Búrca and Simon Gardner; A criminal code: must we wait for ever?, Lord Bingham; Criminal law at the crossroads: the impact of human rights from the Law Commission’s perspective and the need for a code, Mrs Justice Arden. Part III A Comparative Perspective: The challenge of a model penal code, Herbert Wechsler; The five worst (and five best) American criminal codes, Paul H. Robinson, Michael T. Cahill and Usman Mohammad; Jurisprudence in the criminal law, G.L. Radbruch; An empire of light? Learning and lawmaking in the history of German law, Stefan Vogenauer; An empire of light? II: learning and lawmaking in Germany today, Stefan Vogenauer. Part IV Some Benefits and Drawbacks of Codification: On circumstances favouring codification, Mirjan Damaška; Codification and judge-made law: a problem of coexistence, Mr Justice Scarman; Here lies the Common Law: rest in peace, H.R. Hahlo (including comment by L.C.B. Gower); Ibi renascit jus commune, M.R. Topping and J.P.M. Vandenlinden; Codifying the common law: protracted gestation, H.R. Hahlo; Codification and law reform: some lessons from the Canadian experience, Gilles Létourneau and Stanley A. Cohen; Codification of the criminal law: an attainable ideal?, Jenny Lavery. Name index.

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Book SynopsisThe significance of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law is undeniable for anyone who is familiar with the criminal justice system. The fourteen essays selected for this volume portray and discuss the meaning and rationale of those human rights that are most relevant to that system. They have been chosen for their high quality, timeless approach and general attention to issues that are of universal interest and thus not too closely related to the technicalities of a specific criminal justice system. In combination with the introduction to this volume, the essays cover almost the entire criminal justice system and offer a general overview as well as an in-depth examination of criminal law and human rights. As a result, this volume is essential for researchers, lecturers and students concerned with the tensions and harmonies between the values the criminal justice system and human rights respectively serve.Table of ContentsContents: Introduction; Part I Criminal Procedural law: Four threats to the presumption of innocence, Andrew Ashworth; Pretrial and preventive detention of suspected terrorists: options and constraints under international law, Douglass Cassel; Privacy as struggle, Andrew E. Taslitz; Why must trials be fair?, Stefan Trechsel; Re-conceptualizing the right of silence as an effective fair trial standard, John Jackson; Confrontation: the search for basic principles, Richard D. Friedman; The protection of human dignity in interrogations: may interrogative torture ever be tolerated? Reflections in light of recent German and Israeli experiences, Miriam Gur-Arye and Florian Jessberger; Rethinking double jeopardy: justice and finality in criminal process, Ian Dennis; The doctrine of the Inter-American Court of Human Rights regarding states’ duty to punish human rights violations and its dangers, Fernando Felipe Basch. Part II Substantive Criminal Law: Nulla poena sine lege, Jerome Hall; Hate speech in constitutional jurisprudence: a comparative analysis, Michel Rosenfeld; Freedom of religion and criminal law: a legal appraisal. From the principle of separation of church and state to the principle of pluralist democracy?, Piet Hein van Kempen; The human rights implications of a ‘cultural defense’, Michaël Fischer. Part III Sentencing: Life imprisonment: recent issues in national and international law, Dirk van Zyl Smit. Name index.

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Book SynopsisThe last fifty years have seen a notable expansion of philosophical scrutiny of the fundamental concepts and structures of Anglo-American criminal law and this volume offers a selection from journal articles and book chapters of significant and influential work in this field. Taken together, these essays illustrate how contemporary philosophical reflection on criminal law has broadened its focus beyond the longstanding and still active debate over the moral legitimacy of punishment. In addition to punishment, the subjects also covered in this collection range from excuse and justification defenses and the conundrums of attempt liability to the bases of culpability and criminal responsibility and the appropriate limits of the criminal law. The introduction clarifies the contexts in which these subjects are discussed, and the volume includes an extensive bibliography.Table of ContentsContents: Introduction. Part I The Structure and Limits of Criminal Law: The aims of the criminal law, Henry M. Hart Jr; Criminal attempt and the theory of the law of crimes, Lawrence C. Becker; Criminalization and sharing wrongs, S.E. Marshall and R.A. Duff. Part II Criminal Responsibility: Character, purpose, and criminal responsibility, Michael D. Bayles; Choice, character, and excuse, Michael S. Moore; Choice, character and criminal liability, R.A. Duff. Part III Culpability: Insufficient concern: a unified conception of criminal culpability, Larry Alexander; Motive and criminal liability, Douglas N. Husak. Part IV Defences, Justifications and Excuses: A theory of justification: societal harm as a prerequisite for criminal liability, Paul H. Robinson; The gist of excuses, John Gardner; The perplexing borders of justification and excuse, Kent Greenawalt; Self-defense, Judith Jarvis Thomson; The basis of moral liability to defensive killing, Jeff McMahan. Part V Attempts: Impossibility in criminal attempts - legality and the legal process, Arnold N. Enker; The punishment that leaves something to chance, David Lewis. Part VI The Justification of Punishment: The expressive function of punishment, Joel Feinberg; The retributive idea, Jean Hampton; Expression, penance and reform and The ideal and the actual, R.A. Duff; Punishment and justification, Mitchell N. Berman. Name index.

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Book SynopsisThe United States stands alone as the only Western democracy that still practices capital punishment. Yet the American death penalty has gone into noticeable decline, with annual death sentences and executions dwindling steadily in recent years. In Stay of Execution, Charles Lane offers a fresh analysis of this unexpected trend and its moral and political implications. Countering conventional wisdom that attributes the death penalty''s decline to public rejection of the ultimate sanction, he shows that it is instead related to the ebbing of violent crime itself. The death penalty is not only more popular than critics claim; it is also less flawed by wrongful executions or racial bias. Lane argues that capital punishment should be preserved, while proposing major reforms to address its real inequities and inconsistencies.Trade ReviewThough partisans often reiterate old talking points in death penalty debates, Charles Lane in Stay of Execution shows repeatedly why there is so much more to learn and say about the modern administration of capital punishment in the United States. Though I have spent much of the last two decades studying and writing about the death penalty, I learned new information and gained new insights from every chapter of Stay of Execution. This book is a must-read not only for students of the death penalty, but for any and everyone concerned about the modern intersection of politics, policy and punishment. -- Douglas A. Berman, William B. Saxbe Designated Professor of Law at The Ohio State University Moritz College of LawCharles Lane has written a wise and balanced book about the death penalty. Few topics stir deeper feelings on both sides of the debate. Yet amidst the clamor, we lose sight of the facts, and have difficulty weighing the arguments for and against in a balanced way. This is just what Lane does. His account is a model of fair mindedness, and though some will disagree with his conclusion that the death penalty should be retained, though only for a narrower set of especially terrible crimes, few can fail to be impressed with the judicious manner in which he assesses the arguments of advocates and abolitionists alike. This book is must reading for anyone interested in the future of the death penalty, and in its relation to the principles of federalism and democratic government. -- Anthony Kronman, Sterling Professor and former dean, Yale Law SchoolThe perennial death-penalty debate is crowded with partisans and absolutists twisting facts and data to reach ideologically driven conclusions. Now comes Charles Lane with a balanced, reasoned, factually and statistically meticulous analysis that dismantles distortions by both sides—and by various courts. Lane will disappoint abolitionists by showing support for the death penalty among Americans to be so strong, and with justification, as to make Euro-style abolition unlikely and unwise. He also demonstrates that the undoubted risk of executing innocents has been exaggerated and the racism that once infected death-sentencing so deeply has diminished. Lane will disappoint death penalty enthusiasts by showing that indiscriminate classification of robbery-killings and most other murders as capital crimes brings inconsistent application within and between states, injustices, and endless delays, with no clear proof that the penalty deters (or that it does not deter) crime. Lane ends with a promising proposal to limit the penalty to "the worst of the worst," such as multiple and serial murderers, those using especially monstrous methods, and imprisoned terrorists who orchestrate hostage-takings and killings from prison. -- Stuart Taylor, Jr., contributing editor to Newsweek and National JournalThis book is everything the debate over the American death penalty is not: thoughtful, morally serious, and careful with facts. Lane's book forced me, an ardent foe of capital punishment, to rethink some arguments I had once found persuasive. Whatever your views on the subject, this brief, engagingly-argued volume will challenge them. It should be required reading for everyone interested in this difficult subject. -- Ben Wittes, fellow at the Brookings InstitutionLane, a Washington Post staff writer, approaches the perennially controversial subject of capital punishment from two angles. He assesses the cases for and against the death penalty, concluding that each has legitimate points and that each also contains some serious flaws (for example, one of the anchors of the case against is the idea that it’s racially unequal, but, the author shows, the racial disparity is frequently overstated by death-penalty opponents). The real issue here, Lane says, is the apparent contradiction surrounding the capital-punishment debate: polls indicate a majority of people support the death penalty, while they also believe that it is not a deterrent (which itself points up a flaw in the pro–death penalty argument). Not so much a discussion of whether capital punishment is right or wrong, or morally justified or repellent, the book is rather a thoughtful overview of the subject. Lane’s conclusion about capital punishment—the law works, but it’s application is clunky—is sure to provoke spirited debate. * Booklist *In his debut, Lane puts himself squarely in the camp of the 'pro-death penalty American majority,' yet believes that its application reveals 'troubling flaws.' Addressing the lack of a standards in sentencing that allows counties to act autonomously, Lane says that 'There is no ‘American criminal justice system,' but rather 3,141 criminal justice systems.' He studies the use and abuse of capital punishment, and uncovers statistical evidence of racism (until 1967, Southern courts defined the rape of a white woman by a black man as a capital crime.) Lane dismisses claims that the penalty is a deterrent, comparing the homicide rate in Canada, where the death penalty was abolished in 1967, with that of the U.S. Lane feels that the death penalty should be used sparingly, not as retribution but as a 'special penalty' for 'special crimes' in order to affirm the sanctity of human life, and breaking with the European Union's definition of capital punishment as a human-rights issue ('everyone has an absolute right not to be put to death by the state'). A member of the Washington Post's editorial board, Lane has produced a careful, considered examination of a divisive issue. * Publishers Weekly, Starred Review *Washington Post editorial writer Charles Lane succinctly makes the case in this slim volume for shrinking the death penalty in order to save it. The Supreme Court has pruned around the edges in recent years, barring capital punishment for offenders who are mentally retarded or were juveniles at the time they committed the crime. But Lane argues that state legislators and Congress should now take the lead in ensuring capital punishment is reserved for 'the worst of the worst' crimes. He would limit the death penalty to acts of genocide, terrorism and the most heinous pre-meditated murders, such as those involving torture and rape, while excluding single murders committed in the course of more common felonies, such as robberies. Lane would also centralize state decision-making about who gets charged with capital crimes. He is not too concerned about alleged racial bias or executing the innocent, neither of which he says is as large or ineradicable a problem as foes insist. Rather, he is troubled most about the inconsistent way capital punishment is applied. But Lane's eminently reasonable proposals are unlikely to be well received among lawmakers skittish about ratcheting back the war on crime or local prosecutors reluctant to cede control over capital punishment. * The Washington Post *Washington Post editorial writer Charles Lane succinctly makes the case in this slim volume for shrinking the death penalty in order to save it. * Sunday Denver Post *Lane makes sensible suggestions that would make the application of the death penalty a bit more fair. * The Federal Lawyer *Table of ContentsChapter 1 Preface Chapter 2 Chapter 1: The Disappearance of Death? Chapter 3 Chapter 2: The Case Against the Case Against the Death Penalty Chapter 4 Chapter 3: The Case Against the Case for the Death Penalty Chapter 5 Chapter 4: A Special Penalty for Special Cases Chapter 6 Acknowledgments Chapter 7 Endnotes Chapter 8 Index

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Book SynopsisThis volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the 'harm principle' may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender''s blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coTable of ContentsContents: Introduction, Paul H. Robinson and Joshua Samuel Barton. Part I The Structure of Criminal Law: Should the criminal law abandon the actus reus-mens rea distinction?, Paul H. Robinson; Imputed criminal liability, Paul H. Robinson; General defences, Paul H. Robinson; Distinguishing justifications from excuses, Kent Greenawalt; A functional analysis of criminal law, Paul H. Robinson. Part II The Limits of Criminal Law: Offence Conduct: Immorality and treason, H.L.A. Hart; The search for limits: law and morals, Herbert L. Packer; The overreach of the criminal law, Norval Morris and Gordon Hawkins; The collapse of the harm principle, Bernard E. Harcourt; Rethinking the offense principle, A.P. Simester and Andrew Von Hirsch. Part III The Limits of Criminal Law: Offender Culpability: Strict liability in the criminal law, Richard A. Wasserstrom; Crime and the Criminal Law: a review, H.L.A. Hart; A strict accountability approach to criminal responsibility, Jay Campbell; The decline of innocence, Sanford H. Kadish; The theory of criminal negligence: a comparative analysis, George P. Fletcher; The abolition of the special defense of insanity, Norval Morris; Excusing crime, Sanford H. Kadish; The utility of desert, Paul H. Robinson and John M. Darley; Are we responsible for who we are? The challenge for criminal law theory in the defenses of coercive indoctrination and ‘rotten social background’, Paul H. Robinson. Name index.

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Book SynopsisThis collection of scholarly articles takes as its subject matter discourses on environmental justice. The concept emerged in recent decades as an important framing concept for a wide variety of environmental movements and objectives, and has gained considerable currency due to the scope and normative force that its principles contain, whether in legal, political, or philosophical applications. This collection is an invaluable resource for researchers and scholars in this field given that the multiple theories and analyses of environmental justice are likely to remain central to the ongoing development of normative theorizing about the human role in the environment in the foreseeable future.Table of ContentsContents: Introduction. Part I Foundations of Environmental Justice: Race and the Distribution of Risk: Solid waste sites and the black Houston community, Robert D. Bullard; Environmental justice and the sustainable city, Graham Haughton; The environment of justice, David Harvey; Just garbage, Peter S. Wenz; A wilderness environmentalism manifesto: contesting the infinite self-absorption of humans, Kevin Michael DeLuca. Part II New Directions in Environmental Justice: beyond Equitable Risk: Principles of environmental justice, First National People of Color Environmental Leadership Summit; Justice, democracy, and hazardous siting, Christian Hunold and Iris Marion Young; Distributive justice, participative justice, and the principle of prima facie political equality, Kristen Shrader-Frechette; Reconceiving environmental justice: global movements and political theories, David Schlosberg; Women and toxic waste protests: race, class and gender as resources of resistance, Celene Krauss; Social justice and environmental goods, David Miller. Part III International and Intergenerational Environmental Justice: Global environmental justice, Dale Jamieson; Global environment and international inequality, Henry Shue; Thick cosmopolitanism, Andrew Dobson; Allocating ecological space, Steve Vanderheiden; Environmental justice and economic degrowth: an alliance between two movements, Joan Martínez-Alier; Sustainability and intergenerational justice, Brian Barry. Part IV Applied Environmental Justice: Resources, Climate and Food: Global justice and the distribution of natural resources, Tim Hayward; Cosmopolitan justice, responsibility, and global climate change, Simon Caney; Global inequality and climate change, J. Timmons Roberts; The hijacking of the global food supply, Vandana Shiva. Name index.

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Book SynopsisThis book offers a timely and detailed examination of the reality of criminal legal practice today. Drawing upon extensive anonymous interviews with criminal lawyers in England and Wales, it illuminates how financial pressures arise within the criminal justice system and how lawyers seek to navigate them. The work of criminal lawyers is frequently depicted in the news and media as exciting, well-paid and worthwhile, with prosecutors aiming to convict the guilty and defence lawyers fighting against miscarriages of justice. In contrast, the picture reported by many is of an already creaking and under-resourced system, now exacerbated by fallout from the COVID-19 pandemic. Against this backdrop, the book considers whether the criminal legal aid system really can continue to provide those unable to afford a lawyer with access to justice and whether the Crown Prosecution Service can provide justice to victims of crime. The book presents detailed findings about the work and experiences of both prosecutors and defence lawyers, how financial pressures influence this and to what extent this has changed with the new ways of working brought about by the COVID-19 pandemic.Table of Contents1. Investigating Austerity in Criminal Law 2. Studying the Work of Legal Practitioners 3. Legally Aided Criminal Defence at Police Stations in Austerity 4. Magistrates’ Court Defence and Prosecution Practice in Austerity 5. Crown Court Defence and Prosecution Practice in Austerity 6. The Future of Criminal Court Practice in Austerity 7. Understanding the Work of Legal Practitioners in Austerity Bibliography Index

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Book SynopsisThis open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0. licence on bloomsburycollections.comTable of ContentsTable of Tables Table of Figures List of Abbreviations 1. Introduction 2. A Portrait of the Profession 3. Preparing for a Career in Legal Aid 4. Working Conditions in Legal Aid 5. Remuneration and Frees 6. Responding to Covid-19 7. Recruitment and Retention 8. Facing the Future of Legal Aid

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Book SynopsisKellie Toole is Lecturer at Adelaide Law School, University of Adelaide, Australia.

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Book SynopsisHow does the European Convention on Human Rights apply to people who suffer mental ill-health or are alleged to be affected by such a condition? The last few years have seen a raft of important judgments from Strasbourg concerning the rights of people with mental health issues. This book provides a practical and critical analysis of obligations arising from the rights to life, freedom from inhuman or degrading treatment, liberty and security of the person, family and private life, and other ECHR rights. It considers the impact of human rights and mental health in the context of criminal law, family law and Court of Protection issues. The authors give an article-by-article summary of the most important case law, as well as a thematic summary, drawing together issues relevant to practitioners specialising in mental health law as well as legal practitioners working in fields that require knowledge of Strasbourg jurisprudence on mental health including Court of Protection, family and c

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Book SynopsisDiscover gripping true crime stories and the surprising tools you need to keep you and your family safe -- from iconic legal commentator, TV journalist, and New York Times bestselling author Nancy Grace.Nancy Grace wasn't always the iconic legal commentator we know today. One moment changed her entire future forever: her fiancé Keith was murdered just before their wedding. Driven to deliver justice for other crime victims, Nancy became a felony prosecutor and for a decade, put the "bad guys" behind bars in inner-city Atlanta.Now, with a new and potentially life-saving book, Nancy puts her crime-fighting expertise to work to empower you stay safe in the face of daily dangers. Packed with practical advice and invaluable prevention tips, Don't Be a Victim shows you how to:* Fend off threats of assaults, car-jack and home invasion* Defend yourself against online stalking, computer hackers and financial fraudsters* Stay safe in your own home, at school and other public settings like parking garages, elevators and campsites* Protect yourself while shopping, driving and even on vacationWith insights on so many potential threats, you'll be empowered to protect yourself and your children at home and in the world at large by being proactive! Nancy's crime-fighting expertise helps keep you, your family, and those you love out of harm's way.

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Book SynopsisThis book is a tale of two towers,two wars and two visions. The two towers are those of the World Trade Center in New York, destroyed by a terrorist attack on 11 September 2001. The two wars are the War Against Terrorism and the War on Iraq. The two visions are of the international legal and political order for the twenty-first century. The issues involved in the War Against Terrorism and the War on Iraq are of fundamental importance because they may define the shape of international order for the twenty-first century. The book has a number of themes. First, it considers the principal international law and international order issues involved in the War Against Terrorism and in the War on Iraq in 2003. Specific attention is given to the application of international humanitarian and international human rights law in the wars. Secondly it asks how the international debate on the Iraq War was conducted and why? Finally it questions whether the post-1945 system of international laws and organizations is capable of surviving, and in what form? Chapter one outlines how the relationship between war and the international legal order has evolved and introduces the idea of 'complexity theory' as a framework for understanding the events and issues considered in this book. Chapter two considers the pattern of events from the attacks on the US on 9-11 to the Iraq War 2003. Chapter three addresses the issues of law and morality involved in the War Against Terrorism and the War on Iraq. Chapter four focuses on the moral and legal debate around the War on Iraq and chapter five considers the systemic consequences for international law doctrine and practice, giving particular weight to US policy and approaches and how other states have responded to them. Chapter six appraises the post-war situation in Iraq in terms of political and economic organisation and human rights. It also assesses the consequences of the status of post-war Iraq for the wider region. Chapter seven concludes the book by examining the possible implications of the War Against Terrorism and the War on Iraq for world order in the twenty-first century.Trade ReviewMcGoldrick writes with clarity and has made accessible...many of the difficult legal arguments in the area...[he] has a scholarly command of the doctrinal issues raised in the book...a valuable reference point for anyone interested in exploring international law and the two 'wars'. Madelaine Chiam The Modern Law Review July 2005 ...an accurate, well-written summary of the legal, political, and moral issues flowing from the wars on terrorism and Iraq...would make a useful reference in a public international law course. Kristy Pozniak Saskatchewan Law Review, Vol 68 2005 ...a book for everyone concerned with the influence of terrorism, the Bush administration, and the War in Iraq on international institutions and international law..Alongside the fine discussion of the legal and political issues at play, the author also attempts to introduce a theoretical framework that may have broad application in social science as well as law. Mark J. Harris, University of California, Berkeley The Law and Politics Book Review September 2004 For those that are already familiar with the legal issues involved in the military interventions in Afghanistan and Iraq, and the more broad 'war on terror', this text will add some interesting policy and theoretical perspectives. A good number of issues are raised that will trigger readers to give further thought to, and debate about, the role of international law and the UN in the maintenance of international order. Alex Conte, University of Canterbury New Zealand Law Journal April 2005Table of Contents1 War and the International Legal Order 2 From ‘9-11’ to the ‘Iraq War 2003’ 3 International Law and the Wars on Terrorism and on Iraq 4 International Law and the Iraq War 2003 5 The United States and the International Legal System 6 Winning the Peace: An Iraq For the Iraqis 7 World Order(s) for the Twenty-First Century DOCUMENTS

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Book SynopsisThe Police and Criminal Evidence Act 1984 (PACE) was an innovative and controversial attempt to regulate the investigation of crime. Two decades on, it now operates in a very different context than in the mid-1980s. Whilst legal advice has become established as a basic right of those arrested and detained by the police, the police service has become increasingly professionalised but also increasingly driven by government objectives and targets. The Crown Prosecution Service, originally established to separate prosecution from investigation, is now becoming involved in the investigative process with the power to make charge decisions. Although the basic structure of PACE has survived, almost continual revision and amendment has resulted in a markedly different creature than that which was originally enacted. In 2007 the government embarked on a further review of PACE, promising to 're-focus the investigation and evidence gathering processes [to deliver] 21st century policing powers to meet the demands of 21st century crime'. This collection brings together some of the leading academic experts, police officers and defence lawyers who have a wealth of experience of researching and working with the PACE provisions. They examine the critical questions and issues surrounding PACE, providing unique and exciting insights into the demands and challenges of the regulation of policing. Contributors David Dixon, Professor of Law, University of New South Wales - 'Authorise and Regulate: A Comparative Perspective on the Rise and Fall of a Regulatory Strategy'. Andrew Sanders, Professor of Criminal Law and Criminology, University of Manchester. 'Can Coercive Powers be Effectively Controlled or Regulated?'. John Coppen, Police Federation spokesperson on police custody issues. 'PACE: A View From the Custody Suite'. John Long, Assistant Chief Constable, Avon and Somerset Constabulary 'Keeping PACE? Some Front Line Policing Perspectives'. Barbara Wilding, Chief Constable, South Wales Police. 'Tipping the Scales of Justice? A Review of the Impact of PACE on the Police, Due Process and the Search for the Truth 1984-2006'. Richard Young, Professor of Law and Policy Research, University of Bristol. 'Street Policing After PACE: The Drift to Summary Justice'. Ed Cape, Professor of Criminal Law and Practice, University of the West of England. 'PACE Then and Now: 21 Years of "Re-balancing"'. Anthony Edwards, Leading criminal defence solicitor. 'The Role of Defence Lawyers in a "Re-balanced" System'. John Jackson, Professor of Public Law, Queen's University, Belfast. 'Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal'.Trade ReviewPapers published in the aftermath of a conference often disappoint. These, on the contrary, sparkle...There is a great deal of meat in this book of essays. Readers who get and read them will not, I think, regret the expenditure of either their money or their time. Michael Zander Criminal Law Review March 2009Table of ContentsIntroduction Ed Cape and Richard Young Authorize and Regulate: A Comparative Perspective on the Rise and Fall of a Regulatory Strategy David Dixon Can coercive powers be effectively controlled or regulated? Andrew Sanders PACE: A View From The Custody Suite John Coppen Keeping PACE? Some front line policing perspectives John Long Tipping the Scales of Justice?: A Review of the Impact of PACE on the Police, Due Process and the Search for Truth 1984-2006 Barbara Wilding Street Policing After PACE: The Drift to Summary Justice Richard Young PACE then and now: 21 years of 're-balancing' Ed Cape The role of defence lawyers in a 're-balanced' system Anthony Edwards Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal John Jackson

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Book SynopsisThis book provides a clear, concise and highly accessible overview of the key aspects of criminal law doctrine as it applies in England and Wales. The content has been revised and updated, reflecting the constantly evolving nature of the subject.Table of ContentsAn Introduction to the Study of Criminal Law. Actus Reus. The Mental Element: Mens Rea. Participation in Crime. Preliminary or Inchoate Offences. Homicide. Non-fatal Offences Against the Person. Theft Acts 1968 and 1978. Criminal Damage. General Defences

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Book SynopsisThe investigation of crime is a core function of An Garda Síochana. As a result, the arrest, detention and questioning of criminal suspects is a routine process in Garda investigations. The legal architecture that permits such questioning is a combination of relatively new legislation and regulations overlaid on other rules and procedures that are sometimes ancient in origin. Consequently, there can be inherent contradictions that appear throughout the system and elements of the process can often appear overly complex even to practitioners. People outside the legal profession can oftentimes find the procedures involved bewildering. Arrest, Detention and Questioning: Law and Practice examines the legislation, rules and regulations that protect the rights of a suspect in custody for interrogation. These include the detention provisions themselves, the custody regulations, audio-visual recording and the role of solicitors in the process. It is within this framework that Gardaí must work to solve crime and prosecute those responsible before the courts. The interview training method available to Gardaí and efforts by successive governments to rebalance the criminal justice system are all explored.Table of ContentsCHAPTER 1: INTRODUCTION CHAPTER 2: POWER OF ARREST  Introduction  Grounds for Arrest  Suspicion as the Basis of Arrest  Rearrest CHAPTER 3: FORMALITIES OF ARREST  Introduction  Communication of Reason or Grounds  Use of Force  Location of Arrest CHAPTER 4: DETENTION PROVISIONS  Introduction  The Introduction of Routine Detention  Section 4 Detention  Criminal Justice (Drug Trafficking) Act 1996  Criminal Justice Act 2007  Offences against the State  Exclusion of Time CHAPTER 5: GATHERING EVIDENCE  Introduction  Exclusion of Evidence: The `Exclusionary Rule’  Search Before Arrest  Search of Persons on Arrest  Search of Persons After Arrest  Identification Parades  Voluntary Attendance to Assist Investigation  Preservation of Evidence CHAPTER 6: REGULATIONS TO PROTECT PRISONERS  Introduction  Arrested Persons and Custody Regulations  Custody Regulations and Questioning  Audio-Visual Recording of Questioning  Questioning Vulnerable Suspects  Compliance With Regulations CHAPTER 7: SOLICITORS AND LEGAL ADVICE  Introduction  Access to Legal Advice  Role of Solicitor  The Interview  Denying the Suspect Legal Advice CHAPTER 8: THE JUDGES’ RULES  Introduction  The English Criminal Law  The Judges’ Rules  Application of the Judges’ Rules CHAPTER 9: OTHER PROTECTIONS  Introduction  Fairness of Procedure  Voluntariness  Corroboration CHAPTER 10: ADVERSE INFERENCES AND SILENCE  Introduction  Use of Silence  Adverse Inferences  General Requirements to Use of 2007 Inferences  Section 2 of the Offences against the State (Amendment) Act 1998  Gangland Crime Inferences In Criminal Justice Act 2006  Safeguards

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Book SynopsisCriminal Law: Cases and Commentary, Second Edition is a thoroughly revised, updated and expanded edition of this now established criminal law text book staple. This Second Edition includes new chapters on the following topics: Road Traffic Offences, Drugs Offences, Regulatory Offences and Victims’ Rights. Recent legislative changes are considered including the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017, as well as significant Supreme Court cases in the areas of the presumption of innocence (Forsey), reasonable access to a lawyer (Doyle), joint enterprise (Dekker), the right to silence (Sweeney), the exclusionary rule (JC) provocation (MacNamara), duress (Gleeson) and mistake (Casey). It provides students with a broad range of perspectives including formal case law, statutory and constitutional provisions, academic commentaries and Law Reform Commission policy recommendations. It combines domestic law with ECHR jurisprudence and persuasive authorities from other jurisdictions. Through a careful combination of the criminal rules along with excerpts from cases, articles, notes and texts, this book seeks to inform the user of the formal criminal law and provide a gateway to some of the more conceptual debates in the subject area.Table of ContentsPart 1: Principles of Criminal Law • The Definition of a Crime • The Classification of Crime • Actus Reus • Mens Rea • The Inchoate Offence of Attempt • The Inchoate Offence of Conspiracy • Inchoate Offence of Incitement • Criminal Participation Part 2: Criminal Procedure • The Presumption of Innocence • Arrest • The Right to Silence • Powers of Detention • The Courts of Criminal Jurisdiction • Bail Part 3: Criminal Law Offences • Non-Fatal Offences Against the Person • Sexual Offences • Homicide • Offences Against Property • Offences of a Public Nature Against the State • Offences Against the Administration of Justice • Road Traffic Offences • Drugs Offences • Regulatory Offences Part 4: Defences • Defences – A Theoretical Guide • General Defences • Capacity Defences • Defences Specific to Murder Part 4: Victims’ Rights • Victims’ Rights

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Book SynopsisThe Criminal Assets Bureau (CAB) was established in Ireland during a time of crisis to target specific aspects of criminality. Since its establishment, some 25 years ago, it has become a key part of the Irish criminal justice system. The CAB has a unique structure and approach, with legislative options operating in the civil domain and results achieved in denying criminality the proceeds of crime. There has been widespread acceptance of this radical new model of criminal justice, much of which can be attributed to denying criminality the proceeds of their criminal activity. Criminal Assets Bureau: Law and Practice considers each of those factors by offering a comprehensive policy and procedure based analysis of the background development of the structures underpinning CAB. It goes on to consider the legal framework of CAB, its operational boundaries established through case law and its multi-agency nature. It is this bringing together of multiple agencies into a single multi-agency structure to deploy powers of forfeiture, revenue and social welfare against targeted individuals that is key to its operational prowess.Table of ContentsIntroduction * Conceptual framework * The crime control continuum * Seizure and forfeiture * Operational structures * The CAB approach in context * A new departure Chapter 1: Theoretical Foundations of the Modern Criminal Justice Environment * Governance * Criminal law safeguards and the flow to civil power * The non-individualised approach * Managing systemic risk * Framework for change Chapter 2: Criminal Law as an Operational Concept * What is criminal law? * Indicia of a crime * Legislative interpretation * Administrative sanctions * Reconstituting real crime: the regulatory and white collar vortex * A middle-ground system of justice Chapter 3: Forfeiture and Seizure * Forfeiture the historical context * The traditional use of forfeiture * Forfeiture and illegal drugs * Forfeiture and legislative interpretation * The importance of forfeiture as a precursor to the CAB model * The Offences Against the State (Amendment) Act 1985 * Forfeiture a crime control measure * The influence of United States legislation on Irish forfeiture provisions * International influence on the development of Irish forfeiture * Criminal Justice Act 1994 * Restraint orders * Confiscation orders * Forfeiture orders * Challenges to the legislation * Structure established to support the emergence of CAB Chapter 4: Structure of CAB and Legislative Options * Establishment of the Criminal Assets Bureau * A new type of agency * Functions of CAB * Search warrants * Staffing of CAB and the multi-agency approach * Anonymity of CAB officers * Application of the anonymity provision * Funding of CAB * Revenue and social welfare matters * The Proceeds of Crime Act * Orders under the Proceeds of Crime Act * Acceptance of the new model Chapter 5: CAB and Confiscation - The Operational Approach * Divisional criminal asset profilers * CAB and the community * CAB as an investigative agency * CAB and specialised training * CAB: the business case * The GWD test * Operational approach of GWD * CAB and reparation * Partnership approach * CAB, proceeds of crime and the criminal/civil divide * The exclusionary rule and proceeds of crime * Cryptocurrency * CAB and governance * CAB as an established component of the Irish criminal justice system Chapter 6: CAB and Revenue - The Operational Approach * The taxation of illegal assets * Consideration of the Irish position * Statutory developments * Revenue and CAB - The monetary results * Boundaries of tax assessments * Operational width * Tax assessment and the appeals process * Judicial scrutiny * Tax as a crime control measure Chapter 7: CAB and Social Welfare - The Operational Approach * The legislative underpinnings * Social welfare and CAB - results achieved * Appeals * Recent cases * Culmination of the tri-part approach Chapter 8: CAB at 25 Years' Old * Creating a new model * Measuring results

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Book SynopsisThe role of EU law and policy has become a subject of significant interest for those working or studying in criminal law and justice. The pace of European developments and their impact within the Irish legal system has increased demand for research and analysis on a wide range of topics including the European Arrest Warrant, mutual legal assistance, police access to mobile phone data, suspects’ rights, pre-trial supervision and the confiscation of assets. This book is designed to introduce readers to law and policy in EU criminal law and to provide detailed analysis of key areas that are pertinent to legal practice. The implications of Brexit on police and criminal justice cooperation forms a particular focusTable of Contents• The Evolution of EU Law and Policy in Criminal Justice | Liz Heffernan • UK-EU Police and Criminal Justice Cooperation Post-Brexit | Amanda Kramer • ‘A Viral Propagation’? Assessing the Impact of EU Counter-Terrorism Law | Claire Hamilton • A Eurojust Perspective | Frank Cassidy • The Malfunctioning of the European Arrest Warrant in Ireland | Andrea Ryan • Non-Conviction-Based Confiscation of the Proceeds of Crime | Colin King • Police Access to Electronic Evidence Stored Overseas: Cooperation between the EU and the UK Post-Brexit | Gemma Davies • Data Protection in the Field of Criminal Justice | David Fennelly • Legislating from the Bench? Setting the Bounds of the Right to Pre-trial Access to Legal Assistance in Ireland | Conor Casey • The European Supervision Order: Relegation or Renaissance? | Niamh Maguire • EU Cooperation in Policing | Cian Ó Concubhair • Victim Participation under the EU Victims’ Rights Directive: The Implications of Transposition for the Irish Criminal Trial | Liz Heffernan

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Book SynopsisUsing data from the Uniform Crime Reporting Hate Crime Statistics Program and the National Crime Victimization Survey, this brief highlights the uniqueness of hate or bias crime victimization. It compares these to non-bias crimes and delineates the situational circumstances that distinguish bias from non-bias offending. The nuances of under-reporting shed light on bias-group and victim reasons for not reporting. By examining measurement issues associated with data collection systems, this brief helps explain why eighty-nine percent of participating law enforcement agencies report zero hate crimes each year. It describes patterns and trends in reporting the volume of general bias motivations and specific bias types, as the most prevalent hate crime offense types and most likely victims and offenders. With recommendations to address issues in measurement and under-reporting, including an action plan by the Enhance the Response to Hate Crimes Advisory Committee and the International Association of Chiefs of Police, a best practice model by the Oak Creek Police Department, and other promising law enforcement reporting models, this brief provides an increasingly critical resource for law enforcement practitioners and researchers dealing with hate crimes.Table of Contents1. Introduction.2. Conceptualization.3. Hate Crime Reporting Systems.4. Measurement Issues.5. Patterns and Trends.6. The Uniqueness of Hate Crimes.7. Victims Under Reporting. 8. The Law Enforcement Response to Hate Crimes.9. Recommendations.

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Book SynopsisDie Wahrung der ärztlichen Schweigepflicht birgt im Strafverfahren ein besonderes Konfliktpotenzial. Einerseits haben Ärztinnen und Ärzte über Patientengeheimnisse grundsätzlich Schweigen zu bewahren. Andererseits kann eine möglichst umfassende Sachverhaltsaufklärung im allgemeinen wie auch im individuellen Interesse den Rückgriff auf Patienteninformationen erfordern. Annika Kristin Vahlenkamp untersucht, inwieweit entsprechende Befugnisse zur Durchbrechung der Schweigepflicht - zum Zwecke der Strafverfolgung ebenso wie zu Verteidigungszwecken - bestehen, und nimmt dafür verschiedene prozessuale Konfliktlagen in den Blick. Anschließend prüft die Autorin, welche Erkenntnisse prozessuale Verwertung finden dürfen, um materielles und prozessuales Recht in ein kohärentes System zu bringen. Im Rahmen der Analyse der Erlaubnisnormen kommt der melderechtlichen Vorschrift des § 32 Abs. 2 BMG sowie dem rechtfertigenden Notstand nach § 34 StGB besondere Bedeutung zu.

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Book SynopsisDie Frage, was staatliche Strafe ihrer Essenz nach eigentlich ist und ob und wie sie sich rechtfertigen lässt, ist alt und frustrierend. Häufig wird ihr mittels Verweisen auf vermeintlich intuitive Gewissheiten aus dem Weg gegangen. Nichtsdestotrotz ist die staatliche Strafe bis heute Gegenstand heftiger Debatten. Sie werfen ein Schlaglicht auf eine Institution, deren Natur und Rechtfertigung in ihrem Kernbereich vage geblieben sind. Vor diesem Hintergrund nimmt Kristina Peters die Straftheorie Hegels in den Blick und bringt sie in einen Dialog mit aktuellen Entwürfen. Wo hat sich die Debatte weiterentwickelt? Wo bestehen altbekannte Probleme weiterhin? Wo war die Diskussion vielleicht schon einmal weiter? Kurz: Sollten sich diejenigen, die sich der schwierigen Aufgabe stellen, eine tragfähige moderne Straftheorie zu entwickeln, überhaupt noch mit Hegel auseinandersetzen?

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