Criminal Law and the Man Problem
Criminal Law and the Man Problem

Author: Ngaire Naffine

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 357

ISBN-13: 1509918027

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Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.

The Criminal Law’s Person
The Criminal Law’s Person

Author: Claes Lernestedt

Publisher: Bloomsbury Publishing

Published: 2022-02-10

Total Pages: 216

ISBN-13: 1509923764

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The state's use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law's burdens only fall on those who are blameworthy for their conduct. However, the formal concept of 'blameworthiness' needs to be made substantive. This puts various ideas regarding the criminal law's person at the heart of debates about blame, guilt, and responsibility. How is the criminal law's person constructed, by whom, and with what disciplinary norms? How is it threatened by new 'knowledge', and how do those threats play out amongst the various stakeholders who claim the criminal law's person as 'theirs'? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law's person from a range of disciplinary perspectives.

The Criminal Law’s Person
The Criminal Law’s Person

Author: Claes Lernestedt

Publisher: Bloomsbury Publishing

Published: 2022-02-10

Total Pages: 215

ISBN-13: 1509923756

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The state's use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law's burdens only fall on those who are blameworthy for their conduct. However, the formal concept of 'blameworthiness' needs to be made substantive. This puts various ideas regarding the criminal law's person at the heart of debates about blame, guilt, and responsibility. How is the criminal law's person constructed, by whom, and with what disciplinary norms? How is it threatened by new 'knowledge', and how do those threats play out amongst the various stakeholders who claim the criminal law's person as 'theirs'? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law's person from a range of disciplinary perspectives.

Law without Justice
Law without Justice

Author: Paul H. Robinson

Publisher: Oxford University Press

Published: 2005-12-01

Total Pages: 336

ISBN-13: 0190289538

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If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system.

American Criminal Law
American Criminal Law

Author: Paul H. Robinson

Publisher: Taylor & Francis

Published: 2022-08-12

Total Pages: 500

ISBN-13: 1000593398

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This coursebook offers an exciting new approach to teaching criminal law to graduate and undergraduate students, and indeed to the general public. Each well-organized and student-friendly chapter offers historical context, tells the story of a principal historic case, provides a modern case that contrasts with the historic, explains the legal issue at the heart of both cases, includes a unique mapping feature describing the range of positions on the issue among the states today, examines a key policy question on the topic, and provides an aftermath that reports the final chapter to the historic and modern case stories. By embedding sophisticated legal doctrine and analysis in real-world storytelling, the book provides a uniquely effective approach to teaching American criminal law in programs on criminal justice, political science, public policy, history, philosophy, and a range of other fields.

Introduction to Criminal Law
Introduction to Criminal Law

Author: Gilad James, PhD

Publisher: Gilad James Mystery School

Published:

Total Pages: 125

ISBN-13: 3335900103

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Introduction to Criminal Law is a course designed to provide students with an in-depth understanding of the fundamental principles of criminal law. The course covers several topics including the definition of crime, criminal acts and intent, defenses to crimes, and the principles of punishment. The course begins by providing students with an overview of the criminal justice system and the roles of the different players in the system. This is followed by an analysis of the elements of a crime which include actus reus and mens rea. Students will also learn the different types of criminal offenses, including property crimes, violent crimes, and white-collar crimes. The course also delves into the various defenses to crimes, including self-defense, entrapment, and duress. Finally, the course concludes by examining the principles of punishment, including the purposes of punishment, sentencing, and the constitutional safeguards of the Eighth Amendment. Overall, the course equips students with the knowledge and skills to understand the intricacies of criminal law and the criminal justice system. The course is important in providing a foundation for those who wish to pursue a career in the field of criminal justice. Professionals who work in the legal system, such as lawyers, judges and law enforcement officers, must have a deep understanding of criminal law to effectively carry out their roles. The course is also useful for individuals who are interested in learning more about the criminal justice system, including students exploring different career paths or individuals with a general interest in law. The course offers a comprehensive understanding of the principles of criminal law and the mechanisms used to enforce these principles, and thus provides a useful tool for individuals seeking to broaden their knowledge and understanding of the criminal justice system.

Criminal Law, Procedure, and Evidence
Criminal Law, Procedure, and Evidence

Author: Walter P. Signorelli

Publisher: Taylor & Francis

Published: 2023-10-12

Total Pages: 396

ISBN-13: 1000959236

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Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.