Judging Evil: Rethinking the Law of Murder and Manslaughter

By Samuel H. Pillsbury | Go to book overview

Index
Abortion, 14
Adultery. See Provocation
Agape, 205, 212
Alcohol. See Responsibility
Anger, 64, 76, 211–13; and provocation, 142, 147
Arenella, Peter, 39
Attention, 169–71, 253. See also Awareness; Indifference
Attribution theory, 21, 202
Awareness: and culpability generally, 161, 164–66,171–72; in English law, 165–66; intoxication, 177–79; political theory, 252–53
Battered women, 153–55,159–60
Bentham, Jeremy, 5–6
Blackstone, William, 162
BundyTed, 98–99,110,117,124
Burden of proof, 93,231
CampbelfAnne, 151–52
Camus, Albert, 29
Capacity: moral, to choose, 38–44,119–20; provocation, 135,139–42; responsibility for carelessness, 179–84. See also Psychopaths
Capital punishment, ix-x, 46; definitions of capital murder, 109–10
Cardozo, Benjamin, 103
Causation, physical causes of behavior, 19–27,139–40; legal cause of result, 230–31
Chance medley, 128. See also Provocation
Character and responsibility, ix-x, 25–27, 72–75,108,202,241
Choice: meaning of, 27–30,42, 88–89, 93; responsible, theory of, 18; perception and, 166–71
Clarity, importance in criminal rules, 72–74. See also Vagueness
Class, and criminal justice, 47–53; and provocation, 155–59
Clausewitz, Karl von, 34
Cognitive science, 86–90; automatic and controlled mental processes, 170; brain and consciousness, 87–88, 91–92; perception, 166–71
Coke, Sir Edward, 107
Compatibilism, 23–27
Consciousness, 169–70
Culture, criminal law and, 199–200; provocation and, 156–57; values and, 12–15. See also Subculture of violence
Death penalty. See Capital punishment
Democracy, and responsibility determinations, 12. See also Politics of criminal justice
Depraved heart murder. See Murder
Descartes, Rene, 90–91
Deserved punishment, 4–5, 33–46,74–75; and emotion, 63–65; and fairness, 51–53; and social structure, 47–61. See also Punishment theory, deontological;Value
Deterrence, 6–7, 63–65. See Punishment theory, utilitarian
Diversity, and criminal justice decision making, 70
Dobbert, Ernest John, vii-xi, 38,41,45–46
Dualism, 90–91
Durkheim, Emil, 34
Education, and criminal responsibility, 182–85
Emotion: importance of, 66; and legal decision making, 67–74; and premeditation, 100–105; and provocation, 131–34,

-261-

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Judging Evil: Rethinking the Law of Murder and Manslaughter
Table of contents

Table of contents

  • Judging Evil - Rethinking the Law of Murder and Manslaughter iii
  • Contents v
  • Preface the Challenge of Criminal Responsibility vii
  • Acknowledgments xiii
  • Part I - Deserved Punishment 1
  • 1: A Question of Value 3
  • 2: The Value of Choice 18
  • 3: Punishment as Defense of Value 32
  • 4: Just Punishment in an Unjust Society 47
  • 5: Moralizing the Passions of Punishment 62
  • Part II - Defining Murder and Manslaughter 77
  • 6: From Principles to Rules - An Introduction to Mens Rea 79
  • 7: The Worst Crime of All 98
  • 8: Crimes of Passion 125
  • 9: Crimes of Indifference 161
  • Appendix - Proposed Jury Instructions 189
  • Notes 197
  • Index 261
  • About the Author 264
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