NCJ Number
114993
Journal
Wayne Law Review Volume: 33 Issue: 4 Dated: (Summer 1987) Pages: complete issue
Date Published
1987
Length
354 pages
Annotation
These 15 papers analyze the concepts of justification and excuse for criminal actions, as well as the meaning and application of the idea of just deserts.
Abstract
Individual papers explain how the concept of justification applied to innocent aggressors, the meaning of the concepts of necessity and duress, and appellate courts' interpretations of the necessity defense. Additional papers explain the meanings of self-defense and defense of others in Jewish law, the distinctions between justifications and excuses, and concept of desert, and the issues of strict liability and fringe liability. Papers debating the concept of desert and justifiable punishment focus on whether an offender, by committing a crime, voluntarily assumes the risk of any form of punishment that a sentencer chooses to impose under the law and on the issue of sentencing disparity. Additional papers examine issues related to justifications for resistance to unlawful arrest and the application of theories of justifiable homicide to conflicts in the doctrine of self-defense. Chapter footnotes and an index to Volume 33 of the Wayne Law Review.