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Would You Convict? : 17 Cases That Challenged the Law

9780814775318

Would You Convict? : 17 Cases That Challenged the Law

  • ISBN 13:

    9780814775318

  • ISBN 10:

    0814775314

  • Format: Paperback
  • Copyright: 11/01/2001
  • Publisher: New York University Press

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Summary

A thought-provoking book on how accurately criminal law and tis application reflect our sense of justice...an excellent text.--Barry N. Sweet, The Law and Politics Book ReviewA police trooper inspects a car during a routine traffic stop and finds a vast cache of weapons, complete with automatic rifles, thousands of rounds of ammunition, and black ski masks-a veritable bank robber''s kit. Should the men in the car be charged? If so, with what?A son neglects to care for his elderly mother, whose emaciated form is discovered shortly before she dies a painful death. Is the son''s neglect punishable, and if so how?A career con man writes one bad check too many and is sentenced to life in prison-for a check in the amount of $129.75. Is this just?A thief steals a backpack, only to find it contains a terrorist bomb. He alerts the police and saves lives, transforming himself from petty criminal to national hero.These are just a few of the many provocative cases that Paul Robinson presents and unravels in Would You Convict? Judging crimes and meting out punishment has long been an informal national pasttime. High-profile crimes or particularly brutal ones invariably prompt endless debate, in newspapers, on television, in coffee shops, and on front porches. Our very nature inclines us to be armchair judges, freely waving our metaphorical gavels and opining as to the innocence or guilt-and suitable punishment-of alleged criminals.Confronting this impulse, Paul Robinson here presents a series of unusual episodes that not only challenged the law, but that defy a facile or knee-jerk verdict. Narrating the facts in compelling, but detached detail, Robinson invites readers to sentence the transgressor (or not), before revealing the final outcome of the case.The cases described in Would You Convict? engage, shock, even repel. Without a doubt, they will challenge you and your belief system. And the way in which juries and judges have resolved them will almost certainly surprise you.Table of ContentsAcknowledgments xiPrologue 11 Punishing Intent, Harm, or Dangerousness? 3Are Evil Intentions a Crime? 3People''s Intuitions of Justice 8The Law''s Rules 9Background 9The Aftermath 11Attempt versus the Complete Offense: The Significanceof Resulting Harm 19Can Father and Daughter Kill the Same Man Twice? 20People''s Intuitions of Justice 21More Facts 22People''s Intuitions of Justice 23The Law''s Rules 25The Aftermath 25Murder versus Attempted Murder: The Significance ofResulting Harm 27The Final Outcome 28The Requirements of Criminal Liability 28Life Imprisonment for Air Conditioning Fraud? 28People''s Intuitions of Justice 31Trial and Sentence 32Punishing Dangerousness: Cloaking Preventive Detentionas Criminal Justice 32The Appeal 37The Cost of Undercutting the Criminal Law''sMoral Credibility 37The Final Outcome 40Segregating Preventive Detention from Criminal Justice 412 Knowing the Law''s Commands 44The Congenial Cadaver 44People''s Intuitions of Justice 50The Legality Principle and Its Rationales 50The Aftermath 52Today 53When Can an Officer Carry a Gun? 54People''s Intuitions of Justice 56The Law 57At Trial 73At Trial Again: Ignorance or Mistake of Law Is No Excuse 74Acquitting the Bakers but Convicting the Marreros? 74Communicating the Criminal Law''s Commands 76The Outcome 76Legality in Omission Offenses 78Neglecting Mom... to Death 78People''s Intuitions of Justice 81The Charge 81The Law''s Reluctance to Impose Duties 82The Outcome 83Today 84Striking the Proper Balance between Legality and Justice 84Finders Keepers, Losers Weepers? 85The Law 87Ignorance of Law an Excuse? 88People''s Intuitions of Justice 89The Aftermath 90The Problem of Discretion 90Same Facts, Different Perspective 91The Virtues of Legality 95Finishing the Story 963 Can Committing a Crime Be Doing the Right Thing? 97Escaping the Prisoners 97The Law''s Rules 103The Trial and Sentence 104The Defense''s Problems 105On Appeal 106People''s Intuitions of Justice 107The Green Case under the Criminal L

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