NCJ Number
147451
Editor(s)
M J Gorr,
S Harwood
Date Published
1992
Length
273 pages
Annotation
Philosophical essays on criminal liability and procedure are presented.
Abstract
This volume contains a selection of essays representing recent philosophical work on criminal liability and procedure. Subjects covered include the nature of the mental requirement for crimes, the rationale for allowing duress to qualify as a defense to a criminal charge, and the justifiability of the practice of plea bargaining. According to the editors, essays selected for this volume are neither too academic and abstract nor overly concerned with legal details and technicalities. Rather, the essays seek to analyze the fundamental concepts that inform the system of criminal law and morally appraise the principles, institutions, and practices that constitute the basic elements of that system. The book has two parts, Part I: The Principles of Criminal Liability; and Part II: Criminal Procedure. Subsections under Part I include "The Elements of a Crime" and "Defenses." Subsections under Part II include "The Exclusionary Rule," "Entrapment," and "Plea Bargaining." Each subsection in the book begins with a brief case excerpt in which important philosophical issues are raised. The essayists include philosophers, lawyers, judges, and a physician. Suggestions for further reading are included at the end of the volume.