Bøger i Oxford Monographs on Criminal Law and Justice serien

Deals with the principle of proportionality - the principle that a sentence should be proportionate to the seriousness of the offence committed. This book examines the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders.

In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a unique theoretical framework for understanding the defence in the context of human rights norms.

This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory, focusing on the way in which key white-collar crimes such as fraud, perjury, bribery, extortion, insider trading, and tax evasion are shaped and informed by a range of familiar moral norms.

This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.

Examining white collar criminal offenses from the perspective of moral and legal theory, this title focuses on the way in which crimes as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by moral norms.

Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into a range of principles of criminality. It advances our understanding of such key issues as what amounts to a criminal act or omission, the state of mind of the perpetrator, and defences.

This volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion, complicity, drug-dealing and criminal harm.

Mental abnormality is becoming an increasingly important yet complex source of defence within the criminal trial process. This book contains a timely discussion of how the criminal law treats and applies defences such as insanity and diminished responsibility.

After a Commission chaired by Lord Diplock recommended that cases connected with the 'troubles' should be tried by judge alone, rather than jury, the Diplock Courts have been a controversial feature of Northern Ireland's response to political violence. This title assesses the impact of Diplock Courts and considers their broader implications.

As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of questions such as: should experts be permitted to give evidence on the credibility of witnesses? This work explores these issues, utilizing work in a number of disciplines.

When justice is contested and uncertain, how can miscarriage of justice be spoken of meaningfully? This book addresses this question, and finds an answer to it in the relationship between the legal construction of criminal justice, most notably that of trials and appeals, and the reporting of these in the media.

A number of jurisdictions, including England and Wales, require that sentences be "proportionate" to the severity of the crime. This treatise, written by the leading architect of "just deserts" sentencing theory, describes how sentences may be scaled proportionately to the gravity of the crime.

A thematic collection of essays on sentencing theory, this book considers: the justifications for the imposition of punishment by the State; the relationship between victims, offenders and the State; and a number of areas of sentencing policy that have given rise to particular difficulty.

Professor Robinson provides a critique of the problem of classification within the criminal law. He presents a discussion of the conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice.

Discusses the psychological effects of childhood sexual abuse to shed light on the reasons why a victim might delay in making a complaint. This book introduces two categories of delay: those in which the victim remembered the abuse but was unable to complain; and those in which the victim's memory was allegedly lost and later recovered.

A philosophical inquiry into the foundations of provocation as a defence to murder, this book draws on historical and philosophical sources not normally linked with criminal law. It seeks to explain why and when action in anger is thought morally less blameworthy than premeditated action.

This book examines the whole of the pre-trial phase of criminal investigation including the law relating to confessions, the right to silence, the admissibility of evidence obtained during pre-trial investigation and the issue of improperly obtained evidence.

Based on a large study of legal professional practice, involving nearly 50 solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain - from the moment of initial contact through to the preparation and presentation of defendants.

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

Assesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text develops three models of justice seeking to analyze and explain the increased use of prosecutorial power.

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

Aims to build on Alan Norrie's previous work in the philosophy of punishment and criminal law to develop a critique of Kantian justice thinking. It seeks to cast a bold light on these issues in a period when traditional thinking has undergone opposition.

In the 21st century the legal process still fails to provide an adequate response to sexual violation and abuse. This text examines some of the difficulties which this crime presents and analyses in detail how the legal system could and should be addressing them.