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Felony Murder

Felony Murder
Author: Guyora Binder
Publisher: Stanford University Press
Total Pages: 367
Release: 2012-05-09
Genre: Law
ISBN: 0804781702

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The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.


Felony Murder Rule

Felony Murder Rule
Author: Sheldon Siegel
Publisher: Sheldon M. Siegel, Incorporated
Total Pages:
Release: 2017-02-15
Genre:
ISBN: 9780991391295

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-A Mike Daley/Rosie Fernandez novel---Cover.


Mapping American Criminal Law

Mapping American Criminal Law
Author: Paul H. Robinson
Publisher: Praeger
Total Pages: 0
Release: 2018-06-15
Genre: Law
ISBN: 1440860122

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Distributive principles of criminal law -- Habitual offender statutes -- Death penalty -- Legality requirement -- Provocation/extreme emotional disturbance -- Felony murder -- Causation -- Transferred intent -- Consent to injury -- Mental illness negating an offense element (MINOE) -- Attempt -- Complicity -- Complicity liability of co-conspirators -- Lesser evils/necessity defense -- Self-defense -- Law enforcement authority -- Insanity defense -- Immaturity defense -- Statute of limitations -- Exclusionary rule -- Entrapment defense -- Criminalizing risk creation -- Statutory rape -- Domestic violence, spousal rape exemption -- Stalking and harassment -- Child neglect -- Deceptive business practices -- Extortion -- Adultery -- Criminal obscenity -- Child pornography -- Drug offenses -- Firearms possession offenses -- Antitrust predatory pricing -- Organized crime -- Fixing sporting events -- Extradition -- Jurisdiction


One Cut

One Cut
Author: Eve Porinchak
Publisher: Simon and Schuster
Total Pages: 256
Release: 2017-05-02
Genre: Young Adult Nonfiction
ISBN: 1481481339

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Real stories. Real teens. Real crimes. A backyard brawl turned media circus filled with gang accusations turns a small, quiet town upside down in this second book in the new Simon True series. On May 22, 1995 at 7 p.m. sixteen-year-old Jimmy Farris and seventeen-year-old Mike McLoren were working out outside Mike’s backyard fort. Four boys hopped the fence, and a fight broke out inside the dark fort made of two-by-four planks and tarps. Within minutes, both Mike and Jimmy had been stabbed. Jimmy died a short time later. While neighbors knew that the fort was a local hangout where drugs were available, the prosecution depicted the four defendants as gang members, and the crime as gang related. The accusations created a media circus, and added fuel to the growing belief that this affluent, safe, all-white neighborhood was in danger of a full-blown gang war. Four boys stood trial. All four boys faced life sentences. Why? Because of California’s Felony Murder Rule. The law states that “a death is considered first degree murder when it is commissioned during one of the following felonies: Arson, Rape, Carjacking, Robbery, Burglary, Mayhem, Kidnapping.” In other words, if you—or somebody you are with—intends to commit a felony, and somebody accidentally dies in the process, all parties can be tried and convicted of first degree murder and sentenced to life without parole, even if nobody had any intention of committing a murder. What really happened that day? Was it a case of robbery gone wrong? Gang activity? Or was it something else?


Differential Victimization

Differential Victimization
Author: Jonathan Klick
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

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The felony murder rule would appear to be an anomaly in the common law. It represents one of the very few instances in criminal law where the element of intent is waived. Criticism of the rule is almost uniform among scholars and commentators, yet it endures in most jurisdictions throughout the United States. Typically, critics assert the rule's longevity is the result of political forces that make it difficult to change laws that make criminal prosecutions easier. Others claim the rule fills some psychological need to mete out retribution when harm occurs to innocent parties. If a justification for the rule is offered, it generally focuses on the deterrence properties of the rule, however empirical research suggests the rule does little to deter felonies or felony murders. We offer a model in which the felony murder rule serves to deter crimes against relatively weak victims, who would otherwise be more attractive targets of crime in the absence of the rule. This model predicts only a relatively modest decrease in felonies, as perpetrators substitute away from relatively weak victims toward less vulnerable victims.


Criminal Law

Criminal Law
Author: G. Larry Mays
Publisher: Aspen Publishing
Total Pages: 499
Release: 2015-01-28
Genre: Law
ISBN: 1454846674

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This author team had students in mind when they wrote the book on Criminal Law. Criminal Law: Core Concepts uses examples and case excerpts that are interesting and informative, along with logically organized, plain-English discussion of the Model Penal Code. This is the basis for developing a solid understanding of criminal law concepts. One look inside this book and you ll notice that every page promises unobstructed learning. You ll see an uncluttered page design, uncluttered coverage, writing uncluttered by legalese, and case excerpts uncluttered by extraneous detail Everything in this book serves a purpose. Criminal Law: Core Concepts features: A commitment to clarity, reflected in the writing style, organization, pedagogy, and design Shrewd case editing that hones in on salient themes and principles Engaging and informative examples throughout the text Plain English discussion of the Model Penal Code Timely coverage of contemporary topics, such as street crime


Legal Homicide

Legal Homicide
Author: William J. Bowers
Publisher:
Total Pages: 654
Release: 1984
Genre: History
ISBN:

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Examines the fairness of the use of the death penalty and analyzes the effects of recent laws on the arbitrariness of capital punishment.


The American Law Institute

The American Law Institute
Author:
Publisher: Oxford University Press
Total Pages: 505
Release: 2023-05-02
Genre:
ISBN: 019768534X

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The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.


Judging Evil

Judging Evil
Author: Samuel H. Pillsbury
Publisher: NYU Press
Total Pages: 278
Release: 1998
Genre: Law
ISBN: 0814766803

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Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. After considering potential objections to this approach, including those based on determinism, unjust social conditions, and the alleged cruelty of retribution, he presents an extended critique of American homicide law. Using real case examples, Pillsbury offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.