Basic Concepts of Criminal Law / Edition 1

Basic Concepts of Criminal Law / Edition 1

by George P. Fletcher
     
 

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ISBN-10: 0195121716

ISBN-13: 2900195121710

Pub. Date: 09/03/1998

Publisher: Oxford University Press, USA

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet

Overview

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole?

Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them.

Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations.

This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.

Product Details

ISBN-13:
2900195121710
Publisher:
Oxford University Press, USA
Publication date:
09/03/1998
Edition description:
New Edition
Pages:
240

Related Subjects

Table of Contents

Introduction 3(4)
Substance versus Procedure
7(18)
The Philosophical Problem: Substance versus Procedure
10(4)
The Burden of Proof: Half a Loaf
14(5)
The Distinction in Context
19(6)
Punishment versus Treatment
25(18)
Two Constitutional Perspectives: Motive versus Impact
26(4)
The Purposes of Punishment
30(3)
The Conceptual Analysis of Punishment
33(2)
Punishment: Public and Private
35(8)
Subject versus Object
43(16)
The Requirement of Human Action
44(1)
Acts and Omissions
45(5)
Commission by Omission
47(1)
Offenses of Failing to Act
48(2)
Alternative Approaches to Human Action
50(3)
Subject and Object in Criminal Procedure
53(6)
Human Causes versus Natural Events
59(15)
The Domain of Causation
60(2)
How to Approach Causation
62(7)
Alternative Sufficient Causes
63(1)
Proximate Cause
64(3)
Omissions
67(2)
Causation in Ordinary Language
69(1)
Ideology and Causation
70(4)
The Crime versus the Offender
74(19)
The Basics of Wrongdoing
77(4)
The Basics of Attribution
81(4)
The Operative Significance of the Distinction
85(3)
A Problem in the Borderland: Putative Self-Defense
88(5)
Offenses versus Defenses
93(18)
Disputes about the Burden of Persuasion
94(3)
From Defeasible to Comprehensive Rules
97(4)
Formal Reasoning
97(1)
The Presumption of Innocence
98(1)
The Moral Theory of Guilt
99(2)
The Necessity of the Distinction Between Offense and Defense
101(5)
Can a Statutory Justifiction Be Unlawful?
106(5)
Intentions versus Negligence
111(19)
Accidents and Negligence
113(4)
Negligence: Objective and Subjective
117(3)
The Structure of Culpable Intentions
120(4)
On Motives
124(1)
The Distinction Between Intention and Negligence Revisited
125(5)
Self-Defense versus Necessity
130(18)
Se Defendendo and Necessity as Excuses
130(2)
Self-Defense as a Justification
132(6)
Necessity or Lesser Evils as a Justification
138(5)
Conflicts Between Self-Defense and Necessity
143(5)
Relevant versus Irrelevant Mistakes
148(23)
Irrelevant Mistakes
149(7)
Mistakes about Factual Elements of the Definition (Type One)
156(1)
Mistakes about Legal Aspects of the Definition (Type Two)
156(2)
Mistakes about Factual Elements of Justification (Type Three)
158(5)
Putative Justification Negates the Required Intent
159(1)
Strict Liability: The Mistake Is Deemed Irrelevant
160(1)
Putative Justification Is Itself Justification
161(1)
Reasonable Mistake as an Excuse
162(1)
Mistakes about the Norms of Justification (Type Four)
163(1)
Mistakes about the Factual Elements of Excuses (Type Five)
163(2)
Mistakes about Excusing Norms (Type Six)
165(1)
Summary of Mistakes: Relevant and Irrelevant
166(5)
Attempts versus Completed Offenses
171(17)
The Search for the Primary Offense
172(4)
The Structure of Attempts: Impossibility
176(5)
The Structure of Attempts: Abandonment
181(7)
Perpetration versus Complicity
188(18)
The Formal Equivalence of Perpetrators and Accomplices
190(4)
The Differentiation of Perpetrators from Other participants
194(3)
Two Problematic Variations
197(4)
The Expansion of Corporate Criminal Liability
201(5)
Justice versus Legality
206(9)
The Complexities of Legality
207(4)
The Legal Nature of the Twelve Basic Distinctions
211(1)
Implicit Principles
212(3)
Index 215

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