Guilty Acts, Guilty Minds

2020 Law

Author : Stephen P. Garvey
Release : 2020
Genre : Law
Kind : eBook
Book Rating : 322/5 ( reviews)

Book Synopsis Guilty Acts, Guilty Minds by : Stephen P. Garvey

Download or read book Guilty Acts, Guilty Minds written by Stephen P. Garvey. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends"--

Bad Acts and Guilty Minds

2012-12-15 Law

Author : Leo Katz
Release : 2012-12-15
Genre : Law
Kind : eBook
Book Rating : 97X/5 ( reviews)

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Book Synopsis Bad Acts and Guilty Minds by : Leo Katz

Download or read book Bad Acts and Guilty Minds written by Leo Katz. This book was released on 2012-12-15. Available in PDF, EPUB and Kindle. Book excerpt: The author of Ill-Gotten Gains uses philosophy and psychology to examine how human behavior can be questioned under criminal law. Henri plans a trek through the desert. Alphonse, intending to kill Henri, puts poison into his canteen. Gaston also intends to kill Henri but has no idea what Alphonse has been up to. He puncture’s Henri’s canteen, and Henri dies of thirst. Who has caused Henri’s death? Was it Alphonse? Gaston? Or neither? Strange conundrums like this one have fascinated lawyers and no lawyers for centuries, raising problems of causation, intention, negligence, necessity, duress, complicity, and attempt. With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying these moral, linguistic, and psychological puzzles that plague the criminal law. Drawing on insights from analytical philosophy and psychology, he brings order into the seemingly endless multiplicity of these puzzles: many of them turn out to be variations of a few basic philosophical problems, making their appearance in different guises. To test his arguments, Katz moves far beyond the traditional body of exemplary criminal law cases. He brings into view the decisions of common law judges in colonial and postcolonial Africa, famous cases such as the Nuremberg trials, Aaron Burr’s treason, and ABSCAM, as well as well-known incidents in fiction. Praise for Bad Acts and Guilty Minds “Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles.” —Edward N. Costikyan, New York Times Book Review “With its novel combination of theoretical and interdisciplinary learning, its refreshingly new approach to old problems, and the easy accessibility made possible by the lightness of its style, Katz’s book should become a classic in the field for years to come. I would recommend it to beginning law students and lay persons interested in an introduction to the field, as well as to criminal law academics interested in furthering their already well-developed understanding of criminal law theory.” —Michael S. Moore, author of Law and Psychiatry: Rethinking the Relationship

Felony and the Guilty Mind in Medieval England

2019-08 History

Author : Elizabeth Papp Kamali
Release : 2019-08
Genre : History
Kind : eBook
Book Rating : 795/5 ( reviews)

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Book Synopsis Felony and the Guilty Mind in Medieval England by : Elizabeth Papp Kamali

Download or read book Felony and the Guilty Mind in Medieval England written by Elizabeth Papp Kamali. This book was released on 2019-08. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

Guilty Acts, Guilty Minds

2020-05-25 Law

Author : Stephen P. Garvey
Release : 2020-05-25
Genre : Law
Kind : eBook
Book Rating : 349/5 ( reviews)

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Book Synopsis Guilty Acts, Guilty Minds by : Stephen P. Garvey

Download or read book Guilty Acts, Guilty Minds written by Stephen P. Garvey. This book was released on 2020-05-25. Available in PDF, EPUB and Kindle. Book excerpt: When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

Corporate Bodies and Guilty Minds

2008-10-31 Law

Author : William S. Laufer
Release : 2008-10-31
Genre : Law
Kind : eBook
Book Rating : 423/5 ( reviews)

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Book Synopsis Corporate Bodies and Guilty Minds by : William S. Laufer

Download or read book Corporate Bodies and Guilty Minds written by William S. Laufer. This book was released on 2008-10-31. Available in PDF, EPUB and Kindle. Book excerpt: We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review

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