Victims' Rights and Victims' Wrongs

Victims' Rights and Victims' Wrongs
Author :
Publisher : Stanford University Press
Total Pages : 248
Release :
ISBN-10 : 9780804772433
ISBN-13 : 0804772436
Rating : 4/5 (436 Downloads)

Book Synopsis Victims' Rights and Victims' Wrongs by : Vera Bergelson

Download or read book Victims' Rights and Victims' Wrongs written by Vera Bergelson and published by Stanford University Press. This book was released on 2009-08-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.


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