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8 books match the query 'Criminal liability'

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Bad Acts and Guilty Minds

Leo Katz

University of Chicago Press, 1987

With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law.

"Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review

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Corporate Bodies and Guilty Minds

The Failure of Corporate Criminal Liability

William S. Laufer

University of Chicago Press, 2006

We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough?

In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient.

A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike.

“[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review

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Crime, Punishment, and Mental Illness

Law and the Behavioral Sciences in Conflict

Erickson, Patricia

Rutgers University Press, 2008

Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures.

In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.

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Drinkers, Drivers, and Bartenders

Balancing Private Choices and Public Accountability

Frank A. Sloan, Emily M. Stout, Kathryn Whetten-Goldstein, and Lan Liang

University of Chicago Press, 2000

According to the United States Public Health Service, over 100,000 deaths a year are attributable to alcohol, including 20,000 highway fatalities. In response, legislatures have enacted various forms of regulation intended both to reduce alcohol consumption and to curb its harmful effects. This groundbreaking study focuses on one such form of regulation, the liability imposed on alcohol servers and social hosts by tort law. Basing their analysis on important new data from their extensive research and in-depth interviews with actors on all sides of the issue, the authors conclude that, despite their relative unpopularity, tort laws are very effective in reducing accidents—even more than criminal sanctions.

Extraordinary in scope and exacting in detail, Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability links alcohol problems, deterrence, and serving practices in a way no other work has been able to do and is certain to become a crucial reference point for researchers and policymakers alike.

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More Than Victims

Battered Women, the Syndrome Society, and the Law

Donald Alexander Downs

University of Chicago Press, 1996

In More Than Victims, Donald Downs offers a sympathetic and powerful analysis of the problems attending the use of battered-woman syndrome as a legal defense, ultimately revealing how the syndrome's logic actually harms those it is trying to protect. A persuasive account of how constitutional freedom and individual justice can be threatened by current legal standards, this thorough yet accessible work presents a dramatic rethinking of the criminal justice system.

"More Than Victims is a powerful step in the right direction. Women as well as men need to be protected from violence, and women, in particular, require better understanding of their sometimes oppressive situations. But they also need to be able to participate fully in the discourse of politics and citizenship. Downs offers a solution that helps to make both possible."—Teresa Godwin Phelps, Review of Politics

"Downs has written an important book on a subject that deserves more of our attention."— Susan Mezey, Law and Politics Book Review

"Comprehensive and compelling. [Downs] demonstrates a masterful grasp of the complex legal and philosophical issues implicated in domestic violence cases."—Annette DeMichele, New York Law Journal

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Negotiating Responsibility in the Criminal Justice System

Edited by Jack Kamerman. Foreword by Gilbert Geis

Southern Illinois University Press, 1998

With this collection of essays, Jack Kamerman presents the first sustained examination of one of the underpinnings of the operation of the criminal justice system: the issue of responsibility for actions and, as a consequence, the issue of accountability.

Unique in the breadth of its approach, this volume examines the issue of responsibility from the perspectives of criminal justice professionals, sociologists, philosophers, and public administrators from four countries. Attacking the problem on various levels, the essayists look first at the assumptions made by criminal justice institutions regarding offender responsibility, then turn to the views of offenders on the causes of their own actions and to the consequences of offenders either to accept or deny responsibility.

These scholars also examine the social and psychological circumstances under which people in general accept or deny responsibility for what they do, thus providing the basis for understanding the process of social distance as a major precondition for people to commit atrocities without seeing themselves as responsible. Understanding the circumstances under which people either distance themselves from or embrace responsibility enables criminologists to make grounded recommendations for reordering responsibility in the criminal justice system and, more generally, for restoring a sense of responsibility to organizations, occupations, and society.

Aside from Kamerman, the contributors are William C. Collins, Charles Fethe, Gilbert Geis, Robert J. Kelly, Alison Liebling, Jess Maghan, Mark Harrison Moore, Paul Neurath, John Rakis, William Rentzmann, and José E. Sánchez.

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