Justice and the Prosecution of Old Crimes: Balancing Legal, Psychological and Moral Concerns

Justice and the Prosecution of Old Crimes: Balancing Legal, Psychological and Moral Concerns

by Daniel W. Shuman, Alexander McCall Smith
     
 

This volume asks how we as individuals and as a society ought to deal with crimes committed in the distant past. The wrongs addressed include crimes that have targeted individuals, such as sexual abuse, and crimes that have targeted groups, such as war crimes. The authors argue that although these categories of crime have typically been treated as unrelated, they…  See more details below

Overview

This volume asks how we as individuals and as a society ought to deal with crimes committed in the distant past. The wrongs addressed include crimes that have targeted individuals, such as sexual abuse, and crimes that have targeted groups, such as war crimes. The authors argue that although these categories of crime have typically been treated as unrelated, they raise a number of interrelated issues that are obscured if these prosecutions are considered in isolation. To reveal the commonalities, the authors explore the philosophical basis for punishment, the legal and psychological aspects of recovered memory, the impact on victims of delayed prosecution, the role of statutes of limitations in constraining prosecution, and the rationale for pardon and amnesty. Moral issues associated with agency and responsibility on the part of the wrongdoer and with forgiveness and mercy on the part of the victim are also carefully considered. Concrete examples drawn from domestic and international law highlight the psychological, moral, and legal concerns that must be weighed in the decision to prosecute or forgive past injustice.

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Product Details

ISBN-13:
9781557986931
Publisher:
American Psychological Association
Publication date:
01/28/2000
Series:
Law and Public Policy Series
Pages:
143
Product dimensions:
7.30(w) x 10.27(h) x 0.66(d)

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