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Many controversies in American criminal law reflect the tension between older and newer conceptions of the purposes of punishment. The English common law of crimes enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The story of American criminal law has been the emergence of a more utilitarian conception of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This conception is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires that we also remember the model of offending as trespass against sovereignty out of which it emerged.
The Oxford Introductions to U.S. Law: Criminal Law reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; inchoate offenses, including attempt and conspiracy; doctrines of participation in crime; and defenses of justification and excuse.
The Oxford Introductions to U.S. Law: Criminal Law reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; inchoate offenses, including attempt and conspiracy; doctrines of participation in crime; and defenses of justification and excuse.
Many controversies in American criminal law reflect the tension between older and newer conceptions of the purposes of punishment. The English common law of crimes enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The story of American criminal law has been the emergence of a more utilitarian conception of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This conception is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires that we also remember the model of offending as trespass against sovereignty out of which it emerged.
The Oxford Introductions to U.S. Law: Criminal Law reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; inchoate offenses, including attempt and conspiracy; doctrines of participation in crime; and defenses of justification and excuse.
The Oxford Introductions to U.S. Law: Criminal Law reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; inchoate offenses, including attempt and conspiracy; doctrines of participation in crime; and defenses of justification and excuse.
Über den Autor
Guyora Binder is Distinguished Professor, Hodgson Russ Faculty Scholar, and Vice Dean for Research and Faculty Development at SUNY Buffalo Law School. He was previously a law clerk to federal Judge Jack B. Weinstein, Leah Kaplan Visiting Professor of Human Rights at Stanford, and a visiting professor at the law schools of the University of Michigan, Georgetown University, and Vanderbilt University. Professor Binder authored Treaty Conflict and Political Contradiction (1988), and Felony Murder (2012), and he was a co-author of Criminal Law (1996, 2000, 2004, 2008, 2012, 2016), and Literary Criticisms of Law (2000). His articles have appeared in the Yale Law Journal, University of Chicago Law Review, Stanford Law Review, Texas Law Review, Michigan Law Review, Georgetown Law Journal, Boston University Law Review, Notre Dame Law Review, Cardozo Law Review, University of Toronto Law Review, and the Yale Journal of Law and Humanities.
Inhaltsverzeichnis
- Acknowledgments
- About the Editor
- About the Author
- Chapter 1 What is Criminal Law?
- I. Introduction
- II. Prohibition
- III. Punishment
- IV. State Punishment
- V. Why Criminal Law Matters
- VI. Conclusion
- Chapter 2 The American Criminal Justice System
- I. Introduction
- II. The English Origins of Criminal Law
- III. The Transformation of English Criminal Law During the Colonial Period
- IV. Colonial American Criminal Justice
- V. Criminal Justice in the New Republic
- VI. Crime as a National Political Issue
- VII. The Processing of Criminal Cases Today
- VIII. Conclusion
- Chapter 3 Why Punish?
- I. Why We Need Theories of Punishment
- II. Corrective and Preventive Theories
- III. Preventive Purposes
- IV. Retribution
- V. Proportional Punishment and Sentencing Process
- VI. Conclusion
- Chapter 4 The Criminal Act
- I. Offenses
- II. Legality
- III. Wrongful Acts
- IV. Omissions
- V. A Constitutional Requirement of Conduct
- VI. A Constitutional Requirement of Voluntariness?
- VII. Possession
- VIII. Conclusion
- Chapter 5 The Criminal Mind
- I. Introduction
- II. The Idea of Mens Rea in Ancient and Medieval Law
- III. Transferred and Presumed Intent in Early Modern English Law
- IV. The Idea of a Mental Element in 19th Century England and America
- V. Public Welfare Offenses and the Question of Strict Liability
- VI. Strict Liability, Statutory Interpretation, and Due Process in the Supreme Court
- VII. The Model Pebal Code's Culpability Scheme
- VIII. The Model Penal Code's Default Rules
- IX. Mistake of Law
- X. Incapacity for Culpability
- XI. Conclusion
- Chapter 6 Homicide, From Killing to Causing
- I. Introduction
- II. Origins of English Homicide Law
- III. English Homicide Law in the Age of Blackstone
- IV. American Codification of Homicide
- V. The Utilitarian Critique of Homicide Law
- VI. The Emergence of Causation as an Element of Homicide
- VII. Factual Causation
- VIII. Legal Causation
- IX. The Model Penal Code's Causation Test
- X. The Model Penal Code's Homicide Scheme
- XI. American Homicide Statutes After the Code
- XII. Death Penalty Law After the Code
- XIII. Conclusion: The Persistence of Normative Judgment
- Chapter 7 Rape and Theft, From Force to Non-consent
- I. Two Offenses Against Consent
- II. Reflections on Consent
- III. The "Metamorphosis" of Theft
- IV. Frauds
- V. Extortion
- VI. Robbery and Burglary
- VII. The Emergence of Rape Liability
- VIII. The Requirement of Resistance
- IX. Reform Standards: Force or Nonconsent?
- X. The Mental Element of Rape
- XI. Rape by Incapacity, Extortion and Fraud
- XII. Conclusion
- Chapter 8 Anticipatory and Participatory Liability
- I. Introduction
- II. Punishment of Attempt
- III. Mental Element of Attempt
- IV. The Act of Attempting
- V. Impossible and Abandoned Attempts
- VI. Solicitation
- VII. Punishing Conspiracy
- VIII. Conspiracy: Act and Intent
- IX. Complicity
- X. Accomplice Conduct
- XI. Accomplice Culpability
- XII. Innocent Agents, Relatively Innocent Agents, and Discrepant Liability
- XIII. Co-Conspirator and Accomplice Liability for Secondary Crimes
- XIV. Vicarious and Corporate Liability
- XV. Conclusion
- Chapter 9 Justification and Excuse
- I. Introduction
- II. Distinguishing and Comparing Justification and Excuse
- III. Law Enforcement (and other exercises of public authority)
- IV. Defensive Force
- V. Necessity
- VI. Duress
- VII. Insanity
- Conclusion
- Index
Details
| Erscheinungsjahr: | 2016 |
|---|---|
| Fachbereich: | Strafrecht |
| Genre: | Recht |
| Produktart: | Nachschlagewerke |
| Rubrik: | Recht & Wirtschaft |
| Medium: | Taschenbuch |
| Inhalt: | Kartoniert / Broschiert |
| ISBN-13: | 9780195321203 |
| ISBN-10: | 0195321200 |
| Sprache: | Englisch |
| Ausstattung / Beilage: | Paperback |
| Einband: | Kartoniert / Broschiert |
| Autor: | Binder, Guyora |
| Hersteller: | Oxford University Press |
| Maße: | 234 x 156 x 23 mm |
| Von/Mit: | Guyora Binder |
| Erscheinungsdatum: | 01.07.2016 |
| Gewicht: | 0,644 kg |
Über den Autor
Guyora Binder is Distinguished Professor, Hodgson Russ Faculty Scholar, and Vice Dean for Research and Faculty Development at SUNY Buffalo Law School. He was previously a law clerk to federal Judge Jack B. Weinstein, Leah Kaplan Visiting Professor of Human Rights at Stanford, and a visiting professor at the law schools of the University of Michigan, Georgetown University, and Vanderbilt University. Professor Binder authored Treaty Conflict and Political Contradiction (1988), and Felony Murder (2012), and he was a co-author of Criminal Law (1996, 2000, 2004, 2008, 2012, 2016), and Literary Criticisms of Law (2000). His articles have appeared in the Yale Law Journal, University of Chicago Law Review, Stanford Law Review, Texas Law Review, Michigan Law Review, Georgetown Law Journal, Boston University Law Review, Notre Dame Law Review, Cardozo Law Review, University of Toronto Law Review, and the Yale Journal of Law and Humanities.
Inhaltsverzeichnis
- Acknowledgments
- About the Editor
- About the Author
- Chapter 1 What is Criminal Law?
- I. Introduction
- II. Prohibition
- III. Punishment
- IV. State Punishment
- V. Why Criminal Law Matters
- VI. Conclusion
- Chapter 2 The American Criminal Justice System
- I. Introduction
- II. The English Origins of Criminal Law
- III. The Transformation of English Criminal Law During the Colonial Period
- IV. Colonial American Criminal Justice
- V. Criminal Justice in the New Republic
- VI. Crime as a National Political Issue
- VII. The Processing of Criminal Cases Today
- VIII. Conclusion
- Chapter 3 Why Punish?
- I. Why We Need Theories of Punishment
- II. Corrective and Preventive Theories
- III. Preventive Purposes
- IV. Retribution
- V. Proportional Punishment and Sentencing Process
- VI. Conclusion
- Chapter 4 The Criminal Act
- I. Offenses
- II. Legality
- III. Wrongful Acts
- IV. Omissions
- V. A Constitutional Requirement of Conduct
- VI. A Constitutional Requirement of Voluntariness?
- VII. Possession
- VIII. Conclusion
- Chapter 5 The Criminal Mind
- I. Introduction
- II. The Idea of Mens Rea in Ancient and Medieval Law
- III. Transferred and Presumed Intent in Early Modern English Law
- IV. The Idea of a Mental Element in 19th Century England and America
- V. Public Welfare Offenses and the Question of Strict Liability
- VI. Strict Liability, Statutory Interpretation, and Due Process in the Supreme Court
- VII. The Model Pebal Code's Culpability Scheme
- VIII. The Model Penal Code's Default Rules
- IX. Mistake of Law
- X. Incapacity for Culpability
- XI. Conclusion
- Chapter 6 Homicide, From Killing to Causing
- I. Introduction
- II. Origins of English Homicide Law
- III. English Homicide Law in the Age of Blackstone
- IV. American Codification of Homicide
- V. The Utilitarian Critique of Homicide Law
- VI. The Emergence of Causation as an Element of Homicide
- VII. Factual Causation
- VIII. Legal Causation
- IX. The Model Penal Code's Causation Test
- X. The Model Penal Code's Homicide Scheme
- XI. American Homicide Statutes After the Code
- XII. Death Penalty Law After the Code
- XIII. Conclusion: The Persistence of Normative Judgment
- Chapter 7 Rape and Theft, From Force to Non-consent
- I. Two Offenses Against Consent
- II. Reflections on Consent
- III. The "Metamorphosis" of Theft
- IV. Frauds
- V. Extortion
- VI. Robbery and Burglary
- VII. The Emergence of Rape Liability
- VIII. The Requirement of Resistance
- IX. Reform Standards: Force or Nonconsent?
- X. The Mental Element of Rape
- XI. Rape by Incapacity, Extortion and Fraud
- XII. Conclusion
- Chapter 8 Anticipatory and Participatory Liability
- I. Introduction
- II. Punishment of Attempt
- III. Mental Element of Attempt
- IV. The Act of Attempting
- V. Impossible and Abandoned Attempts
- VI. Solicitation
- VII. Punishing Conspiracy
- VIII. Conspiracy: Act and Intent
- IX. Complicity
- X. Accomplice Conduct
- XI. Accomplice Culpability
- XII. Innocent Agents, Relatively Innocent Agents, and Discrepant Liability
- XIII. Co-Conspirator and Accomplice Liability for Secondary Crimes
- XIV. Vicarious and Corporate Liability
- XV. Conclusion
- Chapter 9 Justification and Excuse
- I. Introduction
- II. Distinguishing and Comparing Justification and Excuse
- III. Law Enforcement (and other exercises of public authority)
- IV. Defensive Force
- V. Necessity
- VI. Duress
- VII. Insanity
- Conclusion
- Index
Details
| Erscheinungsjahr: | 2016 |
|---|---|
| Fachbereich: | Strafrecht |
| Genre: | Recht |
| Produktart: | Nachschlagewerke |
| Rubrik: | Recht & Wirtschaft |
| Medium: | Taschenbuch |
| Inhalt: | Kartoniert / Broschiert |
| ISBN-13: | 9780195321203 |
| ISBN-10: | 0195321200 |
| Sprache: | Englisch |
| Ausstattung / Beilage: | Paperback |
| Einband: | Kartoniert / Broschiert |
| Autor: | Binder, Guyora |
| Hersteller: | Oxford University Press |
| Maße: | 234 x 156 x 23 mm |
| Von/Mit: | Guyora Binder |
| Erscheinungsdatum: | 01.07.2016 |
| Gewicht: | 0,644 kg |
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