NCJ Number
58562
Date Published
1978
Length
109 pages
Annotation
THE LINK BETWEEN CRIME AND INDIVIDUAL RESPONSIBILITY IS EXPLORED IN RELATION TO CHOICE AND DETERMINISM, REASONS FOR THE COMMISSION OF A CRIME, DETERRENCE, AND PUNISHMENT.
Abstract
THE BOOK REPRESENTS AN ATTEMPT TO APPLY, IN THE PRACTICAL FIELD OF CRIMINAL LAW AND IN A PHILOSOPHICALLY NONTECHNICAL MANNER, HUMAN ACTION AND VOLITION ASSOCIATED WITH THE COMMISSION OF CRIMINAL ACTS. THERE ARE MANY DIFFERENT TYPES OF DETERMINISM IN STUDIES OF CRIME AND RESONSIBILITY. DIFFERENCES DEPEND ON TERMS AND CONCEPTS USED IN DESCRIBING ANTECEDENT CONDITIONS AND APPLICABLE LAWS RELATED TO DETERMINISM. THE QUESTION OF WHETHER A CRIMINAL ACT IS SUBJECT TO VOLUNTARY CONTROL CANNOT BE SEPARATED FROM THE QUESTION OF WHAT SANCTIONS THE LAW PROVIDES AGAINST THE COMMISSION OF SUCH AN ACT. CONCEPTS OF PURPOSE, INTENTION, AND RECKLESSNESS ARE SIGNIFICANT IN THE EXAMINATION OF FREE WILL AND CRIMINAL RESPONSIBILITY. RESPONSIBILITY, IN THE APPROPRIATE SENSE, IS A LIABILITY TO PUNISHMENT. THE JUSTIFICATION OF RESPONSIBILITY, THEREFORE, IS CLOSELY RELATED TO THE JUSTIFICATION OF PUNISHMENT. THEORIES OF PUNISHMENT ARE OFTEN CLASSIFIED AS RETRIBUTIVE THEORIES, DETERRENT THEORIES, AND REMEDIAL THEORIES. RETRIBUTIVE AND DETERRENT THEORIES HAVE AS A COMMON GROUND THE ASSERTION THAT PUNISHMENT MAY BE JUSTLY INFLICTED. THEY DIFFER, HOWEVER, IN THEIR EXPLANATION OF WHAT CONSTITUTES JUST PUNISHMENT. IT IS ASSUMED THAT SOME FORMS OF PUNISHMENT ARE JUST ALTHOUGH REMEDIAL THEORIES DENY THE JUSTICE OF MOST PUNISHMENT. TOPICS COVERED IN PHILOSOPHICAL ARGUMENTS AND LEGAL CASES 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, AND WITCHCRAFT AND SUPERNATURAL BELIEFS. ADDITIONAL INFORMATION ON CRIME AND INDIVIDUAL RESPONSIBILITY IS CONTAINED IN AN APPENDIX, AND AN INDEX IS INCLUDED. (DEP)