Justification Defenses and Just Convictions,9780521622110

Justification Defenses and Just Convictions

by
ISBN13: 9780521622110
ISBN10: 0521622115
Format: Hardcover
Pub. Date: 1998-01-13
Publisher(s): Cambridge University Press
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Summary

This major study advances an interpretation of criminal justification defenses that views them as an integral component of the structure of the criminal law. The book extends the traditional scope of the legal and philosophical discussion of justification defenses. It integrates philosophical analysis with a consideration of contemporary applications, it shows how these defenses are key components of criminal law, and it explores the relationship between legal and moral justification.

Table of Contents

Preface ix(2)
Frequently Cited Sources xi
1 Justification Defenses: The Issues
1(15)
1.1 The Theoretical Debate about the General Category of Justification Defenses
2(9)
1.1.1 The Context
2(2)
1.1.2 Justified Conduct as Right or as Permissible
4(1)
1.1.3 Unknowingly Justified Defendants
5(1)
1.1.4 Putative Justification
6(1)
1.1.5 The Social Matrix and the Incompatibility Thesis
7(3)
1.1.6 Duress as a Problematic Classification
10(1)
1.1.7 Summary
10(1)
1.2 Self-defense as a Problematic Specific Justification Defense
11(2)
1.2.1 General Self-defense
11(1)
1.2.2 Battered Women and Self-defense
12(1)
1.3 Necessity, Nullification, and Crimes of Conscience
13(1)
1.4 Summary and Plan
14(2)
2 Justification Defenses and the Conventional Public Morality
16(39)
2.1 Right or Permissible
16(5)
2.2 Knowledge and Justification
21(1)
2.3 Moral Condemnation and Criminal Punishment
22(7)
2.3.1 Five Types of Condemnation in Criminal Punishment
22(3)
2.3.2 Hard Cases for Moral Condemnation
25(1)
2.3.3 Moral Condemnation and Justification Defenses
26(3)
2.4 Knowledge and Justification Revisited
29(11)
2.4.1 Moral Condemnation, Prohibitory Norms, and Unknowingly Justified Defendants
29(2)
2.4.2 Justification Defenses with Subjective Elements
31(6)
2.4.3 Hard Cases and the Knowledge Requirement
37(3)
2.5 The Social Matrix and the Incompatibility Thesis
40(12)
2.5.1 Assisting Justified Acts
40(2)
2.5.2 The Duty Not to Interfere and the Incompatibility Thesis
42(5)
2.5.3 Hard Cases and the Revised Matrix of Social Responsibility
47(5)
2.6 Conclusion
52(3)
3 Self-defense
55(34)
3.1 Contemporary Theories
56(6)
3.1.1 Self-defense and the Social Order
56(4)
3.1.2 Self-defense and Distributive Justice
60(2)
3.2 Legal Defenses and Individual Interests
62(2)
3.3 The Normative Structure
64(11)
3.3.1 Political Liberalism
65(6)
3.3.2 The Criminal Justice System in the Liberal Society
71(2)
3.3.3 Justification Defenses
73(2)
3.4 Self-defense as Justified Conduct in a Liberal Society
75(8)
3.5 Self-defense as Morally Justifiable Law
83(4)
3.6 Conclusion
87(2)
4 Self-defense and Battered Women
89(47)
4.1 Self-defense Doctrine
90(2)
4.2 The Battered Woman Syndrome and Self-defense
92(2)
4.2.1 The Battered Woman Syndrome
92(1)
4.2.2 The Putative Relevance of the Battered Woman Syndrome to Self-defense
93(1)
4.3 Battered Woman Syndrome Research
94(20)
4.4 The Battered Woman Syndrome and Conventional Self-defense Law
98(1)
4.4.1 Imminence or Immediacy
98(1)
4.4.2 Imminent or Immediately Necessary: The Justificatory Foundation
99(3)
4.4.3 Learned Helplessness as Disordered Thought and Special Capacity
102(2)
4.4.4 Necessary Force: Battered Woman Syndrome or the Pattern of Battering
104(2)
4.4.5 Reasonable Belief in the Necessity of Deadly Force
106(2)
4.4.6 Retreat as a Legal Alternative to Defensive Force
108(1)
4.4.7 Institutional Legal Alternatives
109(2)
4.4.8 The Pattern of Battering as Support for Reasonable Belief
111(1)
4.4.9 Credibility and the Failure to Leave Previously
111(3)
4.5 Self-defense by Battered Women as Justification and Excuse
114(20)
4.5.1 Reasonable Belief
114(2)
4.5.2 Battered Woman Syndrome and Mental Illness
116(4)
4.5.3 Reasonable Belief: Justification and Excuse
120(6)
4.5.4 Culpability and Battered Women as Justified or Excused
126(8)
4.6 Conclusion
134(2)
5 Duress and Systemically Complete Mitigation
136(17)
5.1 The Theoretical Interpretation
138(4)
5.2 Systemically Complete Mitigation
142(4)
5.3 Two Potential Criticisms
146(5)
5.4 Conclusion
151(2)
6 The Limits of Justification: Necessity and Nullification
153(46)
6.1 Crimes of Conscience
154(2)
6.2 Jury Nullification
156(11)
6.2.1 The Central Explicit Debate
156(1)
6.2.2 The Arguments
157(6)
6.2.3 Deception and the Moral Force of the Criminal Law
163(4)
6.3 Necessity and Nullification in a Liberal Society
167(20)
6.3.1 Deception and the Integrity of a Liberal Criminal Justice System
167(1)
6.3.2 Necessity and Nullification: The Conceptual Puzzle
168(2)
6.3.3 Necessity
170(7)
6.3.4 Nullification as Necessity: Intrasystemic Appeals to Justice
177(3)
6.3.5 Nullification beyond Necessity: Intrasystemic Appeals to Mercy
180(3)
6.3.6 Nullification beyond Necessity: Extrasystemic Nullification
183(2)
6.3.7 Summary
185(2)
6.4 The Responsibilities of Persons in a Liberal Society
187(11)
6.4.1 The Zenger Trial and Jurors as Persons
187(6)
6.4.2 Judicial Nullification
193(4)
6.4.3 Conflicting Obligations: Tension Rather than Contradiction
197(1)
6.5 Conclusion
198(1)
7 Conclusions
199(6)
Index 205

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