Crime and Culpability

Crime and Culpability

Author: Larry Alexander

Publisher: Cambridge University Press

Published: 2009-03-23

Total Pages: 375

ISBN-13: 0521518776

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This book presents a comprehensive theory of a culpability-based criminal law.


Sentencing and Criminal Justice

Sentencing and Criminal Justice

Author: Andrew Ashworth

Publisher: Cambridge University Press

Published: 2010-02-04

Total Pages: 503

ISBN-13: 1139486748

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Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.


Harm and Culpability

Harm and Culpability

Author: Smith Simester

Publisher: Oxford University Press on Demand

Published: 1996

Total Pages: 280

ISBN-13: 9780198260578

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This volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion complicity, drug-dealing and criminal harm.


Positive Obligations in Criminal Law

Positive Obligations in Criminal Law

Author: Andrew Ashworth

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 395

ISBN-13: 1782253424

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This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.


The Limits of Blame

The Limits of Blame

Author: Erin I. Kelly

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 241

ISBN-13: 0674980778

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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.


Deserved Criminal Sentences

Deserved Criminal Sentences

Author: Andreas von Hirsch

Publisher: Bloomsbury Publishing

Published: 2017-02-09

Total Pages: 217

ISBN-13: 1509902678

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This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.


Responsibility and Psychopathy

Responsibility and Psychopathy

Author: Luca Malatesti

Publisher: Oxford University Press

Published: 2010-08-19

Total Pages: 341

ISBN-13: 0199551634

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The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.


Culpable Carelessness

Culpable Carelessness

Author: Findlay Stark

Publisher: Cambridge University Press

Published: 2016-10-20

Total Pages: 351

ISBN-13: 1107038901

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A doctrinal and theoretical analysis of culpability for unjustified risk-taking in Anglo-American criminal law.