Search results for 'Criminal act' (try it on Scholar)

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  1.  61
    Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions (...)
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  2.  23
    Robert Kinscherff (2010). Proposition: A Personality Disorder May Nullify Responsibility for a Criminal Act. Journal of Law, Medicine & Ethics 38 (4):745-759.
    This article argues in support of the proposition that “A Personality Disorder May Nullify Responsibility for a Criminal Act.” Building upon research in categorical and dimensional controversies in diagnosis, neurocognitive science and the behavioral genetics of mental disorders, and difficulties in differential diagnosis and co-morbidity with personality disorders, this article holds that a per se rule barring personality diagnosis as a basis for a defense of legal insanity is scientifically and conceptually indefensible. Rather, focus should be upon the severity (...)
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  3.  6
    Adjr Act (forthcoming). 75B of the TP Act (Gleeson CJ, Gummow, Hayne, Heydon, Cren-Nan JJ). Migration-Refugee Status-Fear of" Serious Harm" In VBAO V MIMIA [2006] HCA 60;(14 December 2006) the High Court Concluded That the Reference to the Threat of Serious. [REVIEW] Ethos: Journal of the Society for Psychological Anthropology.
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  4.  1
    Trade Practises Act (forthcoming). ACT Administrative Appeals Tribunal Decisions. Ethos: Journal of the Society for Psychological Anthropology.
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  5. An Act (1983). The Louisiana Creationism Act (1981). In J. Peter Zetterberg (ed.), Evolution Versus Creationism: The Public Education Controversy. Oryx Press 394.
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  6.  2
    Jolanta Zajančkauskienė (2011). Questions of Compensation for Damage, Caused by the Criminally Insane Person's Criminal Act (article in German). Jurisprudence 18 (3):1145-1161.
    The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in (...)
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  7.  25
    Ann Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying. Journal of Law, Medicine & Ethics 26 (4):308-331.
  8.  11
    Antony Duff (2004). Action, the Act Requirement and Criminal Liability. Royal Institute of Philosophy Supplement 55:69-103.
    The slogan that criminal liability requires an ‘act’, or a ‘voluntary act’, is still something of a commonplace in textbooks of criminal law. There are, it is usually added, certain exceptions to this requirement— cases in which liability is in fact, and perhaps even properly, imposed in the absence of such an act: but the ‘act requirement’ is taken to represent a normally minimal necessary condition of criminal liability. Even offences of strict liability, for which no mens (...)
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  9. A. Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying,” Joumal of Law, Medicine. In Stephen Everson (ed.), Ethics. Cambridge University Press 6--26.
     
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  10. Ann Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying. Journal of Law, Medicine and Ethics 26 (4):308-331.
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  11. Peter R. Braude, Martin H. Johnson & Hester P. M. Pratt (1984). Science and Society: Should Medical Research Be Made a Criminal Act? Bioessays 1 (5):232-237.
  12. Robert Kinscherff (2010). Proposition: A Personality Disorder May Nullify Responsibility for a Criminal Act. Journal of Law, Medicine and Ethics 38 (4):745-759.
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  13.  13
    David Lefkowitz (forthcoming). Should the Law Convict Those Who Act From Conviction? Reflections on a Demands-of-Conscience Criminal Defense. Criminal Law and Philosophy:1-19.
    How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused (...)
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  14. Michael S. Moore (2010). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press Uk.
    In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should (...)
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  15. Douglas Husak (2011). An Alleged Act Requirement in the Criminal Law. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press
     
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  16.  1
    Raimundas Jurka (2013). Entrapment as an Intrument in the Course of Making Evidence in Criminal Procedure. Jurisprudence 20 (1):249-265.
    This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible (...)
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  17.  22
    Susan Dimock (2012). Intoxication and the Act/Control/Agency Requirement. Criminal Law and Philosophy 6 (3):341-362.
    Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at (...)
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  18. Andrew Botterell (2012). Understanding the Voluntary Act Principle. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal (...) liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need of amendment. I will first indicate why I think the act component of the Voluntary Act Principle is in tension with the criminal laws own conception of the necessary conditions for criminal liability, and suggest a relatively simple fix. I will then argue that what is really at work in the voluntariness component of the Voluntary Act Principle is not so much voluntariness but rather what some authors have called the practical agency condition. In making my argument I will appeal to Harry Frankfurts hierarchical account of the will in the hopes of illuminating what it means for an action to belong to an agent, and thus, what it means for an agent to be responsible for something she has done. (shrink)
     
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  19.  9
    Stephen P. Garvey (2015). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy 9 (2):351-364.
    This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.
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  20. Ken Levy (2015). Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility. Arkansas Law Review 68:731-787.
    In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four (...)
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  21.  35
    Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable (...) -- Mistake of law and culpability -- On the supposed priority of justification to excuse -- Partial defenses -- The "but everybody does that!" defense -- The de minimis "defense" to criminal liability -- Why punish the deserving -- Malum prohibitum and retributivism -- Already punished enough. (shrink)
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  22.  11
    Walter Glannon (2014). The Limitations and Potential of Neuroimaging in the Criminal Law. Journal of Ethics 18 (2):153-170.
    Neuroimaging showing brain abnormalities is increasingly being introduced in criminal court proceedings to argue that a defendant could not control his behavior and should not be held responsible for it. But imaging has questionable probative value because it does not directly capture brain function or a defendant’s mental states at the time of a criminal act. Advanced techniques could transform imaging from a coarse-grained measure of correlations between brain states and behavior to a fine-grained measure of causal connections (...)
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  23.  8
    Gideon Yaffe (forthcoming). In Defense of Criminal Possession. Criminal Law and Philosophy:1-31.
    Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the (...)
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  24.  6
    Laurynas Pakštaitis (2013). Illicit Enrichment as a Crime According to the Criminal Law of Lithuania: Origins, Problems of Criminalization, Implementation and Perspectives. Jurisprudence 20 (1):319-341.
    Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such (...)
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  25.  3
    Justinas Sigitas Pečkaitis (2013). Criminal Liability for Negligent Accountancy. Jurisprudence 20 (1):343-357.
    This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in (...)
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  26. Romualdas Drakšas (2013). Some Problematic Issues of Criminal Liability for Misappropriation. Jurisprudence 20 (1):283-299.
    The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or (...)
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  27. Sally Ramage (forthcoming). Law Society of England and Wales Published a Recent 'Practice Note' on Criminal Prosecutions of Victims of Trafficking. Criminal Law News (88).
    The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the (...) Cases Review Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)
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  28.  5
    Gerben Meynen (2010). Free Will and Psychiatric Assessments of Criminal Responsibility: A Parallel with Informed Consent. [REVIEW] Medicine, Health Care and Philosophy 13 (4):313-320.
    In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider (...)
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  29.  9
    Oleg Fedosiuk (2012). Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality. Jurisprudence 19 (2):715-738.
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on (...)
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  30.  4
    Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. (...)
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  31.  2
    Aurelijus Gutauskas (2013). The Peculiarities of Qualification of Criminal Offences, Related to Narcotic and Psychotropic Substances. Jurisprudence 20 (2):775-786.
    Today, a rapidly spreading drug addiction is one of the most relevant problems in Lithuania. It is possible to state without reservation that it has become a threatening social phenomenon. Drug addiction is considered to be one of the national threats. Trafficking in narcotic and psychotropic substances is being conducted on an international level, destroying states’ economic and political welfare. The use of these substances has a negative impact on human mental and physical health, ruins human personality and produces other (...)
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  32.  1
    Mary Dominick (2008). The US Alien Tort Claims Act of 1789, the US Torture Victims Protection Act of 1992, and the Gongadze Case: A Right Without Adequate Remedy? [REVIEW] Human Rights Review 9 (4):545-547.
    The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/ (...)or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from the moment of their entry? Is not the limbo status of victims given haven in the USA but not automatic citizenship, victims who rightly need resolution of brutal facts which occasioned rupture with their country of origin, a situation that cries for more precise remedy? This note explores this issue as raised by the case of Myroslava Gongadze, the widow of slain political journalist Georghy Gongadze in the Ukraine in September 2000. Only three of the perpetrators, policemen who say they followed orders, were put on trial in 20072008. Those who allegedly gave the orders for the killing continue to evade justice. (shrink)
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  33. Jolanta Zajančkauskienė (2010). The Suspect's (Indictee's) Criminal Procedural Capability (text only in German). Jurisprudence 122 (4):245-259.
    The parties of the criminal process, possessing the same procedural status (the suspects, indictees), must also have the same rights and obligations; however, if such “differences” as mental disability exists between them, discrimination of the rights and obligations is objectively justifiable. Otherwise, deviation from the constitutional principles of equality between the lawful state and the persons would occur.The article is aimed at substantiating the suspect’s (indictee’s) procedural capability, which is predetermined by the person’s psychic condition. The article starts with (...)
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  34.  89
    Ken Levy (2007). The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats. Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different (...)
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  35.  8
    Alon Harel (2008). Why Only the State May Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions. Legal Theory 14 (2):113-133.
    Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given (...)
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  36.  29
    Peter K. Westen (2007). Why Criminal Harms Matter: Plato's Abiding Insight in the Laws. [REVIEW] Criminal Law and Philosophy 1 (3):307-326.
    Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard (...)
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  37.  3
    Andrew Ingram (2015). The Good, the Bad, and the Klutzy: Criminal Negligence and Moral Concern. Criminal Justice Ethics 34 (1):87-115.
    One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy (...)
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  38.  3
    Jolanta Zajanckauskiene (2010). Criminal Procedure Involving the Disabled Persons (text only in German. Jurisprudence 119 (1):331-349.
    The present article is aimed at substantiating the differentiation of the criminal procedure involving the disabled persons as well as at assessing some standards of protection of rights of the latter participants of the procedure, established in the Code of Criminal Procedure of the Republic of Lithuania. The provisions of the Constitutional Court of the Republic of Lithuania, given in the present article, enabled generalizing the following two aspects. The first aspect covers the substantiation of the criminal (...)
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  39. Shixin Liu (2012). Xing Fa Zhong de Xing Wei Li Lun Yan Jiu. Ren Min Chu Ban She.
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  40. Mark Thornton (2012). The Limits of Criminal Culpability. Canadian Journal of Law and Jurisprudence 25 (1):159-175.
    The authors of Crime and Culpability hold a subjectivist theory of criminal culpability according to which the core concept in culpability is subjective recklessness, negligence is not culpable, and it is irrelevant to culpability whether or not a criminal act results in harm. I argue against these three theses and criticize the authors' views on the structure of criminal law, criminal defences, criminal attempts, and codification.
     
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  41. Sally Ramage (2015). The Home-Made Bombing at the Marathon Races in Boston, Massachusetts. Current Criminal Law 7 (3):02-64.
    This paper covers the home-made bombing used at the 2013 Boston Marathon annual races even though we knew before the trial began that the verdict will have to be 'guilty' because the people of Boston demanded that verdict and received the first lap of the verdict on 8 April 2015. Neither beautiful technical rulings nor breaches of prosecution disclosure rules nor metadata queries nor tampered evidence would have held sway at this trial.
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  42.  27
    Katrina Sifferd (forthcoming). Unconscious Mens Rea: Criminal Responsibility for Lapses and Minimally Conscious States. In Dennis Patterson & Michael Pardo (eds.), Philosophical Foundations of Law and Neuroscience. Oxford University Press
    In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance (...)
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  43.  48
    Katrina Sifferd (2016). Virtue Ethics and Criminal Punishment. In Jon Webber & Alberto Masala (eds.), From Personality to Virtue. OUP
    In this chapter I use virtue theory to critique certain contemporary <span class='Hi'>punishment</span> practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a (...)
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  44.  14
    David Lefkowitz (2015). Blame and the Criminal Law. Jurisprudence 6 (3):451-469.
    Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, (...)
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  45.  20
    Jesper Ryberg & Thomas S. Petersen (2013). Neurotechnological Behavioural Treatment of Criminal Offenders—A Comment on Bomann-Larsen. Neuroethics 6 (1):79-83.
    Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen’s analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed (...)
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  46.  57
    Larry Alexander (1990). Reconsidering the Relationship Among Voluntary Acts, Strict Liability, and Negligence in Criminal Law. Social Philosophy and Policy 7 (2):84.
    This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in (...)
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  47.  2
    David Lefkowitz (2015). Blame and the Criminal Law. Jurisprudence 6 (3):451-469.
    Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, (...)
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  48.  42
    Tamler Sommers, The Intellectually Modest Criminal.
    Michael Smith’s The Moral Problem gives an admirably straightforward condition for moral rightness: an act is morally right in circumstance C only if under conditions of full rationality we would all want to perform that act. I will assume that this condition, if met, would make acts objectively right and therefore vindicate a robust form of metaethical realism. There remains the question, however, of whether this condition can be met. Smith considers several arguments that it cannot, and this paper will (...)
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  49.  3
    Thérèse Murphy & Noel Whitty (2000). What is a Fair Trial? Rape Prosecutions, Disclosure and the Human Rights Act. Feminist Legal Studies 8 (2):143-167.
    This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the (...)
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  50.  14
    M. Brazier & S. Fovargue (2006). A Brief Guide to the Human Tissue Act 2004. Clinical Ethics 1 (1):26-32.
    The Human Tissue Act 2004 is designed to regulate the storage and use of organs and tissues from the living, and the removal, storage and use of the same material from the deceased. It repeals much criticized legislation, including the Human Tissue Act 1961, and establishes a Human Tissue Authority to ensure compliance with the Act via a licensing and monitoring regime. When the Act comes into force, probably in April 2006, it will be a criminal offence not to (...)
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