The Journal publishes higher-caliber student essays, reviews of books, empirical research, criminal justice reports, and even testimonials of movies and other media. Lawyers who are exploring theoretical troubles related to criminal liability and punishment obtain that they have to turn to philosophy. Students and Clinic employees handle criminal and associated cases for indigent criminal defendants at the trial level in state courts and, on occasion, in federal courts. We offer the most recent in criminal case law and legislation in the format that performs greatest for you.
Criminal Law and Philosophy fills a gap in the scholarly literature by providing a platform for articles that take a philosophical viewpoint on any issue in the broad field of crime and punishment. In most nations the law recognizes that a particular person who acts in ignorance of the information of his action must not be held criminally accountable. Writers of the Enlightenment such as Cesare Beccaria in Italy, Montesquieu and Voltaire in France, Jeremy Bentham in Britain, and P.J.A. von Feuerbach in Germany thought of the key objective of criminal law to be the prevention of crime.
Criminal liability might also be predicated on a failure to act when the accused was below a legal duty to act and was reasonably capable of carrying out so. The legal duty to act may well be imposed straight by statute, such as the requirement to file an revenue tax return, or it could arise out of the relationship amongst the parties, as the obligation of parents to provide their youngster with food.
But even in these states the popular-law principles continue to exert influence, mainly because the criminal statutes are frequently merely codifications of the common law, and their provisions are interpreted by reference to the common law. Juveniles who are accused of a crime are attempted in these courts as delinquent kids, rather than as criminal defendants.
Until not too long ago, there was no journal solely devoted to the philosophy of crime and criminal law. Negligence gives rise to criminal charges only if the defendant took a quite unreasonable risk by acting or failing to act. We have definitions of dozens of common crimes, an overview of stages in a common criminal case, suggestions on your constitutional rights, data on criminal records, juvenile crime and significantly extra.