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Many Controversies In American Criminal Law Reflect The Tension Between Older And Newer Conceptions Of The Purposes Of Punishment. The English Common Law Of Crimes Enforced A Royal Peace By Conditioning Punishment On Unauthorized Force And Harm To Particular Victims. The Story Of American Criminal Law Has Been The Emergence Of A More Utilitarian Conception Of Criminal Offending As The Imposition Of Risk Or The Violation Of Consent, Combined With Culpability. This Conception Is Reflected In The Model Penal Code And Many State Codes. Yet Understanding Contemporary Criminal Law Requires That We Also Remember The Model Of Offending As Trespass Against Sovereignty Out Of Which It Emerged. The Oxford Introductions To U.s. Law: Criminal Law Reviews The Development Of American Criminal Law And Explains Its Key Concepts And Persistent Controversies In Light Of Its History. These Key Concepts Include Retribution And Prevention As Purposes Of Punishment; The Requirements Of A Criminal Act And A Culpable Mental State; Criteria Of Causal Responsibility; Modes Of Violating Consent; Inchoate Offenses, Including Attempt And Conspiracy; Doctrines Of Participation In Crime; And Defenses Of Justification And Excuse.
This book investigates the fundamental tension in American criminal law between traditional common law concepts of sovereignty and modern utilitarian frameworks focused on risk and consent. Author Guyora Binder, a professor of law, utilizes historical analysis and statutory review to argue that contemporary legal doctrines cannot be fully understood without acknowledging the evolution from royal peace enforcement to current culpability-based models. The text provides a comprehensive framework for analyzing how these competing philosophies continue to shape modern penal codes and judicial interpretation.
What You Will Find
Legal scholars and students frequently identify this text as a foundational resource for understanding the conceptual underpinnings of the U.S. penal system. Experts highlight the author's ability to synthesize complex historical shifts into a clear, accessible framework for contemporary legal study.
Page Count:
425
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
0199717524
ISBN-13:
9780199717521
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