ABSTRACT

When philosophers have turned their attention to criminal law, they have tended to emphasize problems about the criminalization of acts and the justification for the punishment of those who commit such acts. But there has been a recent wave of significant and exciting philosophical work on issues surrounding two other topics in criminal law: Given the performance of a criminal act, what establishes criminal? And what should the state be allowed to use in trying to establish liability? In this carefully edited volume, Michael J. Gorr and Sterling Harwood present a generous selection of papers representing the best of this new work. Avoiding overly abstract pieces in favor of essays that highlight both the philosophical questions and what actually happens on the street and in the courtroom, they have produced a book that is accessible and relevant to the concerns of students. Controversies in Criminal law is an innovative and useful contribution to the teaching of philosophy of law and the foundations of criminal justice. It will be widely used in philosophy departments, law schools, and schools of criminal justice.

chapter |5 pages

Introduction

part I|173 pages

The Principles of Criminal Liability

part |70 pages

The Elements of a Crime

part |101 pages

Defenses

chapter 6|8 pages

State v. Leidholm

chapter 7|11 pages

The Battered Woman's Defense

chapter 8|14 pages

The Defense of Necessity

chapter 9|11 pages

Acting Under Duress

part II|89 pages

Criminal Procedure

part |30 pages

The Exclusionary Rule

part |19 pages

Entrapment

chapter 15|5 pages

U.S. v. Ordner

part |37 pages

Plea Bargaining

chapter 17|8 pages

North Carolina v. Alford

chapter 19|14 pages

In Defense of "Bargain Justice"