This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Crime research has grown substantially over the past decade, with a rise in evidence-informed approaches to criminal justice, statistics-driven decision-making and predictive analytics. The fuel that has driven this growth is data – and one of its most pressing challenges is the lack of research on the use and interpretation of data sources. This accessible, engaging book closes that gap for researchers, practitioners and students. International researchers and crime analysts discuss the strengths, perils and opportunities of the data sources and tools now available and their best use in informing sound public policy and criminal justice practice.
This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction—most notably universal jurisdiction—as well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.
This edited book promotes and facilitates cybercrime research by providing a cutting-edge collection of perspectives on the critical usage of online data across platforms, as well as the implementation of both traditional and innovative analysis methods. The accessibility, variety and wealth of data available online presents substantial opportunities for researchers from different disciplines to study cybercrimes and, more generally, human behavior in cyberspace. The unique and dynamic characteristics of cyberspace often demand cross-disciplinary and cross-national research endeavors, but disciplinary, cultural and legal differences can hinder the ability of researchers to collaborate. This work also provides a review of the ethics associated with the use of online data sources across the globe. The authors are drawn from multiple disciplines and nations, providing unique insights into the value and challenges evident in online data use for cybercrime scholarship. It is a key text for researchers at the upper undergraduate level and above.
There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.
The study of victimization is experiencing profound changes with the introduction of new challenges and demands. From emerging forms of victimization to the continuous evolution of perpetrators’ methods, these shifts necessitate critical adjustments of the study at theoretical and practical levels. The scientific community, as well as public communities and institutions of justice grapple with the intricate connections between crime victims and the justice system. Amidst this urgency, there is a distinctive need for a comprehensive resource that not only delves into the complexities of victimology but also addresses the evolving theoretical and practical frameworks shaping the field. Victimization has transformed into unprecedented forms, impacting individuals, communities, and institutions. These changes create a demand for innovative solutions at multiple levels. The scientific community faces the challenge of adapting theoretical approaches, prevention, and intervention strategies to keep pace with evolving victimization methods. Communities and organizations require new protection strategies, particularly in the face of collective victimization. Within justice systems, constant vigilance and adaptation are essential to navigate the complexities of these transformations. Modern Insights and Strategies in Victimology serves as the definitive solution to the pressing challenges presented by the evolving landscape of victimology. Exclusively featuring qualitative studies, the book offers a unique perspective by delving deeply into the lived experiences, narratives, and emotions within the justice system. Through its contemporary and systematic approach, the handbook integrates theoretical approaches with recent empirical studies, emphasizing qualitative methodologies. The book is a testament to its commitment to enriching academic scholarship while providing invaluable insights to victim assistance professionals, policymakers, and decision-makers.
How ought you to evaluate your options if you're uncertain about what's fundamentally valuable? A prominent response is Expected Value Maximisation (EVM)—the view that under axiological uncertainty, an option is better than another if and only if it has the greater expected value across axiologies. But the expected value of an option depends on quantitative probability and value facts, and in particular on value comparisons across axiologies. We need to explain what it is for such facts to hold. Also, EVM is by no means self-evident. We need an argument to defend that it’s true. This book introduces an axiomatic approach to answer these worries. It provides an explication of what EVM means by use of representation theorems: intertheoretic comparisons can be understood in terms of facts about which options are better than which, and mutatis mutandis for intratheoretic comparisons and axiological probabilities. And it provides a systematic argument to the effect that EVM is true: the theory can be vindicated through simple axioms. The result is a formally cogent and philosophically compelling extension of standard decision theory, and original take on the problem of axiological or normative uncertainty.
