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.
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Why Does Criminal Law Need a Generic Defense of Comparative Criminal Liability?
What Happens to Victims Rights in Situations of Consent SelfDefense and Provocation?
The Principle of Conditionality of Rights
How Long Do Victims Rights Remain Limited?
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adultery assault assumption of risk attack behavior causation cause circumstances Code Ann Cogdon committed comparative criminal liability Comparative Fault comparative liability Comparative Negligence conditionality of rights consensual convicted court crime criminal law culpability death defendant’s defense of comparative defense of justification defense of provocation dignity doctrine drag race Dressler duress example excusatory excuse factors Federal Sentencing Guidelines fense force guilty heat of passion homicide Husak husband Ibid injury innocent aggressors involuntary Jill Joel Feinberg jurors jury Jury Instruction justificatory justified Kalven killing manslaughter Michie mitigation Model Penal Code moral murder negligence offense one’s partial defense partial justification people’s percent perpetrator perpetrator’s liability person plaintiff principle of conditionality punishment rape reasonable recognized reduce requires responsibility result Ronald Dworkin rule Russian roulette sadomasochistic self-defense sentence serious sexual Stat statute theory tion torts trial victim victim’s conduct victim’s consent Victimology violation voluntary wife wrong