Rethinking Criminal Law

By George P. Fletcher | Go to book overview
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constitutional issue
Germany, 843n.
United States, 373, 376, 378-79, 783
felony-murder, 292
fetus as aggressor, 863
necessity as defense, 560-61, 779-80, 782-83
vagueness of issue, 568, 571-73
Abandonment of attempts, 184-97, 544-55
attempting to aid, 679-82
broad and narrow theories, 641-44
contrasted with
accomplices, 637
accessories after the fact, 645-46
aiding-and-abetting, 637, 640
conspirators, 639, 646-47, 659-64
instigators, solicitors, 644-45, 671-81
perpetrators, 637-38, 657-59
co-perpetrators, 638
perpetrators-by-means, 639, 664-70
vicarious liability, 293, 647-49, 656-57
French law, 636, 640, 644
German law, 636, 640, 644, 654-57, 677-78
mitigated punishment, 650
minimal criteria for liability, 677-78
Model Penal Code, 649-50, 666, 679-82
objective and subjective theories, 654-55
procedural issues, 641
rationale for mitigated punishment, 654-57
Soviet law, 636, 640, 644, 650
Accidents. See also Per infortunium
burden of persuasion, 526
contrasted with mistakes, 262, 487-88
felony-murder, 277-82, 310, 318
relation to negligence, 238, 240
victims, duty to aid, 620, 622
Accomplices. See Accessories
Accountability. See also Attribution; Culpability
defined and clarified, 459
atomistic theories, 590-91
causal theory, 435
contrasted with
involuntary conditions, 427-29
involuntary movements, 421, 433
omissions, 421-26, 590-92
requirement of an act
differing interpretations, 120, 213, 420
element of wrongdoing, 475-76
jurisprudence of acting in homicide, 358-60
relational theory, 591-92
risk-creation, 484-86
teleological theory, 434-39
Act-oriented theory of liability
defined, 238
contrasted with harm-oriented theory, 238-39
historical development, 238-40, 276-81
relation to theories of wrongdoing, 476
Actus reus. See Acting
Affirmative defenses. See specific defenses, e.g., Insanity; Provocation


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