Basic Concepts of Criminal Law

By George P. Fletcher | Go to book overview

Index
Acts
causal theory of, 52-53
context of, 52
humanistic view of, 51
and intentions, 53, 121
mechanistic view of, 51
Model Penal Code's definition of, 51
v. omissions, 45-47
problem of defining, 51
requirement of, 44-45
in sleepwalking, 50
teleological theory of, 52-53
under hypnosis, 50
Welzel's theory of, 52-53
as willed bodily movements, 44- 45, 51
Adversarial system, 54-55, 95
Alfonsin, President, 38
Aristotle, 89
Arson, 61
Assault, 61, 72n.4
Attempts
abandonment of, 181-184
conditional intent in, 174-175
dangerousness of, 177
as derivative offenses, 172
impossible, factually, 176-181
impossible, legally, 180-181
inapt, 177
intention in, 174-176
Model Penal Code's renunciation of, 182
Model Penal Code's substantial step in, 172
by omission, 179
of rape, 175
voluntariness of, 182
Attempts v. Completed Offenses
abandonment of, 181-184
in general, 5, 171-194
impossibility in, 176-181
as primary offense, 172-176
punishment for, 173-174
Attribution
and blameworthiness, 82, 85
and culpability, 82
and excuses, 83-85
in general, 81-85
and inculpation, 82

-215-

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Basic Concepts of Criminal Law
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Introduction 3
  • 1 - Substance Versus Procedure 7
  • Notes 23
  • 2 - Punishment Versus Treatment 25
  • Notes 40
  • 3 - Subject Versus Object 43
  • Notes 56
  • 4 - Human Causes Versus Natural Events 59
  • Notes 72
  • 5 - The Crime Versus the Offender 74
  • 6 - Offenses Versus Defenses 93
  • Notes 108
  • 7 - Intention Versus Negligence 111
  • 8 - Self-Defense Versus Necessity 130
  • Notes 145
  • 9 - Relevant Versus Irrelevant Mistakes 148
  • Notes 167
  • 10 - Attempts Versus Completed Offenses 171
  • Notes 184
  • 11 - Perpetration Versus Complicity 188
  • Notes 203
  • 12 - Justice Versus Legality 206
  • Notes 213
  • Index 215
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