The felony murder doctrine is one of the most widely criticized
features of American criminal law. Legal scholars almost
unanimously condemn it as irrational, concluding that it imposes
punishment without fault and presumes guilt without proof. Despite
this, the law persists in almost every U.S. jurisdiction. Felony
Murder is the first book on this controversial legal doctrine. It
shows that felony murder liability rests on a simple and powerful
idea: that the guilt incurred in attacking or endangering others
depends on one's reasons for doing so. Inflicting harm is wrong,
and doing so for a bad motive-such as robbery, rape, or
arson-aggravates that wrong. In presenting this idea, Guyora Binder
criticizes prevailing academic theories of criminal intent for
trying to purge criminal law of moral judgment. Ultimately, Binder
shows that felony murder law has been and should remain limited by
its justifying aims.
General
Imprint: |
Stanford University Press
|
Country of origin: |
United States |
Series: |
Critical Perspectives on Crime and Law |
Release date: |
May 2012 |
First published: |
2012 |
Authors: |
Guyora Binder
|
Dimensions: |
229 x 152 x 20mm (L x W x T) |
Format: |
Paperback - Trade / Trade
|
Pages: |
368 |
ISBN-13: |
978-0-8047-5536-8 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
Criminal law
|
LSN: |
0-8047-5536-1 |
Barcode: |
9780804755368 |
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