A Crime of Self-Defense

Bernhard Goetz and the Law on Trial

Author: George P. Fletcher

Publisher: University of Chicago Press

ISBN: 9780226253343

Category: Law

Page: 272

View: 1837

Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.

A Crime of Self-Defense

Bernhard Goetz and the Law on Trial

Author: George P. Fletcher

Publisher: University of Chicago Press

ISBN: 9780226253343

Category: Political Science

Page: 272

View: 5592

The popular press dubbed him "the subway vigilante": Bernhard Goetz, who on December 22, 1984, shot four black youths on a New York subway train when one of them asked for five dollars. Goetz claimed to have fired in self-defense, out of fear that the young men were about to rob him.

Law, Pragmatism, and Democracy

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042292

Category: Law

Page: 416

View: 1416

Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

American Law in a Global Context

The Basics

Author: George P. Fletcher,Steve Sheppard

Publisher: Oxford University Press, USA

ISBN: 9780195167238

Category: Law

Page: 682

View: 4770

Resource added for the Paralegal program 101101.

Defending Humanity

When Force is Justified and Why

Author: George P. Fletcher,Jens David Ohlin

Publisher: Oxford University Press

ISBN: 0198040350

Category: Law

Page: 288

View: 8697

In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

With Justice for Some

Victims' Rights in Criminal Trials

Author: George P. Fletcher

Publisher: Perseus Books

ISBN: N.A

Category: Law

Page: 304

View: 542

Describes how politics influence criminal trials by examining several recent "political trials," and suggests how to reform the justice system to improve the rights of victims

Antitrust Paradox

Author: Robert H. Bork

Publisher: Free Press

ISBN: 9780029044568

Category: Law

Page: 479

View: 2069

Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.

Grief Taboo in American Literature

Loss and Prolonged Adolescence in Twain, Melville, and Hemingway

Author: Pamela A. Boker,Paul Robinson

Publisher: NYU Press

ISBN: 0814713149

Category: Literary Criticism

Page: 372

View: 8863

The original essays in this much-needed collection broadly assess the contemporary patterns of crime as related to immigration, race, and ethnicity. Immigration and Crime covers both a variety of immigrant groups—mainly from Asia, the Caribbean, and Latin America—and a variety of topics including: victimization, racial conflict, juvenile delinquency, exposure to violence, homicide, drugs, gangs, and border violence. The volume provides important insights about past understandings of immigration and crime, many based on theories that have proven to be untrue or racially biased, as well as offering new scholarship on salient topics. Overall, the contributors argue that fears of immigrant crime are largely unfounded, as immigrants are themselves often more likely to be the victims of discrimination, stigmatization, and crime rather than the perpetrators. Contributors: Avraham Astor, Carl L. Bankston III, Robert J. Bursik, Jr., Roberto G. Gonzales, Sang Hea Kil, Golnaz Komaie, Jennifer Lee, Matthew T. Lee, Ramiro Martínez, Jr., Cecilia Menjívar, Jeffrey D. Morenoff, Charlie V. Morgan, Amie L. Nielsen, Rubén G. Rumbaut, Rosaura Tafoya-Estrada, Abel Valenzuela, Jr., Min Zhou.

When Law Goes Pop

The Vanishing Line Between Law and Popular Culture

Author: Richard K. Sherwin

Publisher: University of Chicago Press

ISBN: 9780226752914

Category: Law

Page: 325

View: 3002

"When Law Goes Pop" is an examination of legal practice in today's world, one that should be needed by everyone concerned with the future of our legal system and the meaning we invest in it.

No Crueler Tyrannies

Accusation, False Witness, and Other Terrors of Our Times

Author: Dorothy Rabinowitz

Publisher: Simon and Schuster

ISBN: 9780743228404

Category: History

Page: 256

View: 7981

A Pulitzer Prize-winning columnist draws on her work with high-profile child sex-abuse cases to contend that the American legal system is subject to manipulation and complicity that enables erroneous convictions and the destruction of innocent lives. Reprint. 12,500 first printing.

The Trial

Four Thousand Years of Courtroom Drama

Author: Sadakat Kadri

Publisher: Random House

ISBN: 030743270X

Category: Law

Page: 480

View: 950

For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history. From the Hardcover edition.

Would You Convict?

Seventeen Cases That Challenged the Law

Author: Paul H. Robinson

Publisher: NYU Press

ISBN: 0814769802

Category: Law

Page: 329

View: 7343

A police trooper inspects a car during a routine traffic stop and finds a vast cache of weapons, complete with automatic rifles, thousands of rounds of ammunition, and black ski masks-a veritable bank robber's kit. Should the men in the car be charged? If so, with what? A son neglects to care for his elderly mother, whose emaciated form is discovered shortly before she dies a painful death. Is the son's neglect punishable, and if so how? A career con man writes one bad check too many and is sentenced to life in prison-for a check in the amount of $129.75. Is this just? A thief steals a backpack, only to find it contains a terrorist bomb. He alerts the police and saves lives, transforming himself from petty criminal to national hero. These are just a few of the many provocative cases that Paul Robinson presents and unravels in Would You Convict? Judging crimes and meting out punishment has long been an informal national pasttime. High-profile crimes or particularly brutal ones invariably prompt endless debate, in newspapers, on television, in coffee shops, and on front porches. Our very nature inclines us to be armchair judges, freely waving our metaphorical gavels and opining as to the innocence or guilt-and suitable punishment-of alleged criminals. Confronting this impulse, Paul Robinson here presents a series of unusual episodes that not only challenged the law, but that defy a facile or knee-jerk verdict. Narrating the facts in compelling, but detached detail, Robinson invites readers to sentence the transgressor (or not), before revealing the final outcome of the case. The cases described in Would You Convict? engage, shock, even repel. Without a doubt, they will challenge you and your belief system. And the way in which juries and judges have resolved them will almost certainly surprise you.

Truth, Error, and Criminal Law

An Essay in Legal Epistemology

Author: Larry Laudan

Publisher: Cambridge University Press

ISBN: 113945708X

Category: Philosophy

Page: N.A

View: 5786

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Quiet Rage

Bernie Goetz in a Time of Madness

Author: Lillian B. Rubin

Publisher: Univ of California Press

ISBN: 9780520064461

Category: History

Page: 264

View: 2449

Killing in Self-defence

Author: Fiona Leverick

Publisher: Oxford University Press, USA

ISBN: 019928346X

Category: Law

Page: 217

View: 3623

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

Our Secret Constitution

How Lincoln Redefined American Democracy

Author: George P. Fletcher

Publisher: Oxford University Press

ISBN: 9780198032434

Category: History

Page: 304

View: 9546

Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

American Law in a Global Context

The Basics

Author: George P. Fletcher,Steve Sheppard

Publisher: Oxford University Press, USA

ISBN: 9780195167238

Category: Law

Page: 682

View: 2446

Resource added for the Paralegal program 101101.

The Moral Arc

How Science Makes Us Better People

Author: Michael Shermer

Publisher: Henry Holt and Company

ISBN: 0805096930

Category: Science

Page: 560

View: 5860

Bestselling author Michael Shermer's exploration of science and morality that demonstrates how the scientific way of thinking has made people, and society as a whole, more moral From Galileo and Newton to Thomas Hobbes and Martin Luther King, Jr., thinkers throughout history have consciously employed scientific techniques to better understand the non-physical world. The Age of Reason and the Enlightenment led theorists to apply scientific reasoning to the non-scientific disciplines of politics, economics, and moral philosophy. Instead of relying on the woodcuts of dissected bodies in old medical texts, physicians opened bodies themselves to see what was there; instead of divining truth through the authority of an ancient holy book or philosophical treatise, people began to explore the book of nature for themselves through travel and exploration; instead of the supernatural belief in the divine right of kings, people employed a natural belief in the right of democracy. In The Moral Arc, Shermer will explain how abstract reasoning, rationality, empiricism, skepticism--scientific ways of thinking--have profoundly changed the way we perceive morality and, indeed, move us ever closer to a more just world.

The Oxford Companion to International Criminal Justice

Author: N.A

Publisher: OUP Oxford

ISBN: 0191021490

Category: Law

Page: 1096

View: 717

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.