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Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.

Environmental criminal liability plays an important role in deterring corporate polluters and motivating regulatory compliance. Accordingly, the Clean Water Act (CWA) requires states to apply criminal enforcement standards at least as stringent as the federal standards. For decades, however, the U.S. Environmental Protection Agency (EPA) has been undermining CWA enforcement by approving state permit programs with weaker criminal liability provisions. This Note surveys the state codes of all 47 states with authorized permit programs and finds widespread noncompliance with the CWA: 34 states fail to authorize appropriate felony penalties for all knowing violations, and at least 33 states apply misdemeanor intent standards above ordinary negligence. These deficiencies erode the deterrent effect of environmental criminal liability.

As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.

Winner of the 2013 John Hope Franklin Book Prize presented by the American Studies AssociationSocial Death tackles one of the core paradoxes of social justice struggles and scholarship - that the battle to end oppression shares the moral grammar that structures exploitation and sanctions state violence. Lisa Marie Cacho forcefully argues that the demands for personhood for those who, in the eyes of society, have little value, depend on capitalist and heteropatriarchal measures of worth.With poignant case studies, Cacho illustrates that our very understanding of personhood is premised upon the unchallenged devaluation of criminalized populations of color. Hence, the reliance of rights-based politics on notions of who is and is not a deserving member of society inadvertently replicates the logic that creates and normalizes states of social and literal death. Her understanding of inalienable rights and personhood provides us the much-needed comparative analytical and ethical tools to understand the racialized and nationalized tensions between racial groups. Driven by a radical, relentless critique, Social Death challenges us to imagine a heretofore unthinkable politics and ethics that do not rest on neoliberal arguments about worth, but rather emerge from the insurgent experiences of those negated persons who do not live by the norms that determine the productive, patriotic, law abiding, and family-oriented subject.

Culpability and dangerousness are the two central issues raised by any sensible societal attempt to deal with antisocial behavior. For the past century, mental health professionals have been heavily involved in helping the law address these issues. But critics deride clinical testimony about culpability as disguised storytelling and tar expert predictions by comparing them unfavorably to coin flipping. They have been aided in these efforts by a series of decisions from the U.S. Supreme Court that appear to impose a relatively high threshold for expert testimony, one that requires that the testimony’s underlying assumptions be verified as reliable through scientific or other testing. Although many courts have yet to consider the implications of those decisions for behavioral science testimony, an increasing number of lower court decisions suggest that a more restrictive evidentiary regime is in the offing. This book is an effort to sort out whether that development would be a good thing. How we should go about proving culpability and dangerousness depends on a number of variables, including the governing substantive law, our ability to answer the questions that this law generates, the extent to which judges and juries can arrive at sensible conclusions without the help of experts, and whether the testimony proffered is from the government or from the person whose liberty is at stake. The book concludes that culpability and dangerousness are socially constructed concepts that probably cannot, and in any event should not, be determined solely through the scientific method.

In Thailand, the concept of corporate criminal liability is commonly identified with significant theoretical and practical uncertainties. Only limited attention, however, has been devoted to the notion's historical roots in English legal transfers. This article examines the relevant legislation, court cases, academic literature, and other records. It carves out the continuous English influence on Thai corporate crime doctrine and highlights the legal irritation that occurred along the way. It argues that irritation was not automatic but driven by the Supreme Court, whose choices were shaped by decades of English impact on Thai legal education and practice. The article thereby highlights the dynamics between legal transfers and local drivers of legal development. It expands the growing research on the continued relevance of English law in Thailand and concludes with an outlook on the future of Thai corporate crime doctrine.

This work is the first global analysis of national minimum ages of criminal responsibility, the international legal obligations that surround them and the principal considerations for establishing and implementing respective age limits.