Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law"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. |
From inside the book
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Comparative Liability in Criminal Law Vera Bergelson. Recall, for instance, the biblical story of the binding of ... fault is not a defense, either partial or complete, to criminal liability.”5 “Don't blame the victim” is one of the ...
Comparative Liability in Criminal Law Vera Bergelson. to 67 percent. In an examination of homicides preceded by “hard ... fault of the victim.28 Moreover, research has shown that evidence of the victim's conduct affects all stages of a ...
... fault of the defendant against the fault of the victim? In private law, the answer is clearly “yes.” In contracts, a ... comparative fault, consent, and assumption of risk34 effectively provide that the scope of the defendant's liability ...
Comparative Liability in Criminal Law Vera Bergelson. Tort “no duty” rules ... negligence is not a defense in a criminal prosecution.37 Courts are unanimous in stating ... fault. VICTIMS IN CRIMINAL LAW Consent The victim's consent to a ...
Comparative Liability in Criminal Law Vera Bergelson. Finally, denying an individual the right to suicide leads to ... fault, offense, or crime.”53 But even without homicide, there remains a group of offenses to which a person may not ...
Contents
7 | |
Why Does Criminal Law Need a Generic Defense | 36 |
CRIMINAL LIABILITY | 61 |
The Principle of Conditionality of Rights | 91 |
INCORPORATING THE PRINCIPLE OF CONDITIONALITY | 125 |
The Defense of Comparative Criminal Liability | 141 |
Conclusion | 161 |
Bibliography | 213 |
Index | 229 |
Other editions - View all
Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law Vera Bergelson No preview available - 2009 |
Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law Vera Bergelson No preview available - 2009 |