Download or read book Intention Agency and Criminal Liability written by Antony Duff and published by Wiley-Blackwell. This book was released on 1990-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Pragmatic Analysis of Legal Proofs of Criminal Intent written by Sol Azuelos-Atias and published by John Benjamins Publishing. This book was released on 2007-07-26 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
Download or read book Direct and Oblique Intention in the Criminal Law written by Itzhak Kugler and published by Routledge. This book was released on 2017-07-28 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Download or read book Intention in Criminal Law written by John Cyril Smith and published by . This book was released on 1974 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intention and Causation in Medical Non Killing written by Glenys Williams and published by Routledge. This book was released on 2007-03-06 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
Download or read book The Criminal Law written by John Gardner Hawley and published by . This book was released on 1896 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intention in Law and Philosophy written by Ngaire Naffine and published by Routledge. This book was released on 2019-05-24 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Download or read book Deliberate Intent written by Rodney A. Smolla and published by Crown Publishing Group (NY). This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The riveting account of the landmark "Hit Man Case"--involving a man who hired a contract killer to execute his ex-wife, his severely brain-damaged son, and the boy's nurse--written by a noted First Amendment attorney who risked his reputation and career to take on the case.
Download or read book A Pragmatic Analysis of Legal Proofs of Criminal Intent written by Sol Azuelos-Atias and published by John Benjamins Publishing. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant's intention. There can be no doubt that this subject is worthy of a thorough investigation. A person's intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly either by evidence or by witnesses' testimonies. The defendant's intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
Download or read book Concepts of Criminal Law written by Robert W. Ferguson and published by . This book was released on 1976 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mens Rea written by United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013 and published by . This book was released on 2013 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Outlines of Criminal Law written by Emlin McClain and published by . This book was released on 1882 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law By Storm written by Lisa M. Storm and published by Lulu.com. This book was released on 2015-07-17 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law By Storm begins with the foundations of law and the legal system, then extensively explores criminal laws and defenses using general state and federal principles, the Constitution, and the Model Penal Code as guidelines. This engaging and interactive textbook will enhance your ability to be successful in academics or a career in law, criminal justice, or paralegal. Lisa M. Storm, Esq. has taught at the community college, four-year, and graduate levels since 1992. Currently, she is a tenured faculty member in Administration of Justice at Hartnell College, a California Community College. She is also an attorney and licensed member of the California State Bar.
Download or read book Criminal Law written by Wolters Kluwer Law & Business and published by Wolters Kluwer. This book was released on 2008-01-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format
Download or read book A Treatise on Criminal Law and Procedure written by Thomas Welburn Hughes and published by . This book was released on 1919 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Act Intention and Motive in the Criminal Law written by Walter Wheeler Cook and published by . This book was released on 1917 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt:
