ENGLISH

Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law (Critical Perspectives on Crime and Law)

By Vera Bergelson

Book information

Year
2009
ISBN
0804755388, 9780804755382, 0804755396, 9780804755399
LCC
KF9235 .B47 2009
Open Library ID
OL22974568M
Language
english
Format
PDF
Filesize
2 MB (1896621 bytes)
Pages
248\250
Scanned
yes
Time added
2011-06-04 13:46:07

Description

"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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