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

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 ...
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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: 1/28/2000
  • Series: Law and Public Policy Series
  • Edition number: 1
  • Pages: 143
  • Product dimensions: 7.30 (w) x 10.27 (h) x 0.66 (d)

Table of Contents

Introduction
Acknowledgments
Ch. 1 Echoes of Crimes Past 3
Ch. 2 Why We Should Punish Old Crimes 19
Ch. 3 Forgiving the Past: Resentment and Morality 39
Ch. 4 When Time Matters Most: Statutes of Limitations 55
Ch. 5 Old Criminals and Crimes: Pardon and Amnesty in the Prosecution of Old Crimes 75
Ch. 6 Remembrance of Crimes Past: Memory and Truth Finding in the Prosecution of Old Crimes 87
Ch. 7 Justice and Therapy: The Role of the Law in Healing the Victim 101
Ch. 8 Justice and Forgiveness: A Delicate Balance 117
Table of Authorities 129
Author Index 133
Subject Index 137
About the Authors 143
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