The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.

A companion to Smith and Hogan: Criminal Law this work provides all thenecessary materials; cases, statutes, reports, extracts from books and articles,for an in-depth study of the general principles of criminal law. This editionhas been updated to incorporate new legislation such as the Sexual Offences Act2003 and relevant new case law.

This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions in matters of life and death, and illustrates the philosophical argument throughout by reference to actual legal cases. The topics he covers are of wide general interest and include: mens rea and mental health, strict liability, freedom and determinism, duress and necessity, intoxication and irresistible impulse, intention and purpose, murder and rape, punishment and deterrence, witchcraft and supernatural beliefs.

Defining Crimes, by the distinguished author team of Joseph L. Hoffmann (Indiana) and William J. Stuntz (late of Harvard), breaks from the tradition of Model Penal Code-centric casebooks and focuses instead on the rich intellectual and theoretical issues that arise from how crimes actually get defined and applied today by state and federal legislatures, trial and appellate courts, police, prosecutors, defense lawyers, and juries. The innovative approach of Defining Crimes enables the in-depth study of the problems and issues that affect the day-to-day contemporary practice of criminal law. New to the Fourth Edition: Three online chapters: Gun Crimes (formerly Chapter 8), Hate Crimes, and Crimmigration New section about the crime of receiving stolen property in Chapter 5 (Property Crimes) Principal case—U.S. v. Alvarez—about conspiracy in Chapter 7 (Inchoate Crimes and Accomplice Liability) New section about consent in Chapter 10 (Defenses), discussing the consent defense to crimes other than rape and sexual assault Notes discussing several prominent recent cases, including those involving Tamir Rice (2014), Brock Turner (2015), Amber Guyger (2018), Michael Drejka (2018), Michelle Carter (Mass. S.Ct. 2019), and George Floyd (2020)Extended excerpt from Kahler v. Kansas in Chapter 10 (Defenses), in which the Supreme Court upheld Kansas’s limited version of the insanity defense against a due process challenge, and notes about the Court’s recent decisions in Rehaif v. United States and Kelly v. United States Notes discussing recent constitutional challenges to the use of criminal law against persons experiencing homelessness Professors and students will benefit from: Strong emphasis on the traditional approach to mens rea still used in the large majority of American jurisdictions—including “general intent,” “specific intent,” malice, mistake doctrine, and strict liability. The Model Penal Code is also covered, for sake of comparison and because its alternative mens rea approach is used in some jurisdictions. A focus on the most commonly prosecuted crimes, including Property Crimes, Drug Crimes, and Crimes of Sex and Sexual Violence. Sub-chapter on Rape is carefully designed to prompt thoughtful class discussion about acquaintance rape, intoxication, “no means no,” and “yes means yes” laws and policies. Focus on the complex interactions between key institutional players—legislatures, courts, police, prosecutors, defense lawyers, and juries—that share responsibility for defining and applying crimes. Text written by experienced and distinguished authors. Introductory sections to explain the fundamentals of criminal law that students need to know in order to understand many of the chapters and sub-chapters. Secondary materials that provide in-depth social, historical, and/or political context for many of the issues that are covered in the book. A Contemporary approach, with most main cases decided since 2000, and notes that discuss cases drawn from today’s headlines.

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.