Victims" Rights and Victims" Wrongs: Comparative Liability in Criminal Law (Critical Perspectives on Crime and Law)

Price 49.88 - 52.14 USD

EAN/UPC/ISBN Code 9780804755382


"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.