Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law (Google eBook)

Front Cover
Stanford University Press, Aug 18, 2009 - Law - 248 pages
0 Reviews
"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries.

Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Introduction
1
Victims Conduct in Criminal Law and Criminology
9
Why Does Criminal Law Need a Generic Defense of Comparative Criminal Liability?
36
What Happens to Victims Rights in Situations of Consent SelfDefense and Provocation?
61
The Principle of Conditionality of Rights
91
How Long Do Victims Rights Remain Limited?
127
The Defense of Comparative Criminal Liability
141
Conclusion
161
Notes
167
Bibliography
213
Index
229
Copyright

Common terms and phrases

About the author (2009)

Vera Bergelson is Professor of Law and Robert E. Knowlton Scholar at Rutgers University.

Bibliographic information