Structure and function in criminal law

목차 (Table of Contents)

• CONTENTS
• Table of Author = xix
• Table of Cases = xxi
• Table of Statues = xxiii
• PartⅠ . INTRODUCTION = 1
• Chapter 1. Structure and function in Criminal Law = 3
• A. The Formal Structure of Current Criminal Law = 4
• B. The Operational Structure of Current Criminal Law = 6
• C. A Functional Structure of Criminal Law = 8
• PARTⅡ . THE CURRENT OPERATIONAL STRUCTURE = 9
• Chapter 2. The Basic Organizing Distinctions of Current Law = 11
• A. The Offence-Defence Dlstinction = 11
• B. The Current Operational Structure : Offence Definitions, Doctrines of Impuration, and General Defences = 12
• Chapter 3. Offence Requirments = 16
• A. The Conceptual Difficulties of the Actus Reus-Mens Rea Distinction = 16
• 1. Conceptual Diversity Within Actus Reus and Within Mens Rea = 17
• 2. Terminological Confusion Among the Doctrines of 'Actus Reus' = 19
• 3, Conclusion and Proposal : Objective, Culpability, and Act-Omission Requirements = 22
• B. Objective Elements of Offence Ddfinitons = 23
• 1. Weaknesses 1n the Objetive Element Categorization Scheme of Conduct, Clrcumstance, and Result Elements = 25
• 2. Confusion in the Modern Code Conceptualization of Causation Requirements = 27
• C. The Act-Omission Requlrements and the Involuntariness Defence = 31
• 1. The Role of the Statutory Act Requirement = 31
• 2. The Voluntariness Requirement as an Excuse = 35
• D. Culpabilit Eliments of Offence Definitions = 39
• 1. The Evolution to Element Analysis = 39
• 2. The Culpability Distinctions = 42
• 3. Asymmetry In the Definition of Culpability Requirements = 44
• 4. Difficutties Wlth Modern American Culpability Schemes = 49
• Chapter 4. Principles of Imputation = 57
• A. The Process of Imputation = 57
• B. The Doctrines of Imputation = 59
• C. The Theories Of Imputation = 64
• Chapter 5. General Defences = 68
• A. Non-exculpatory Defences = 71
• 1.Minimizing the Societal Costs of Non-exculpatory Defences = 72
• 2. The Nature of the Entrapment Defences = 78
• B. Excuses = 81
• 1. The Internal Structure of Excuse Defences = 78
• 1.1 The Disability Requirment = 84
• 1.2 Four Kinds of Excusing Conditions and Their Implications = 85
• 1.3 Objective Limitations on Excusing Conditions = 88
• 2. A Disability-Organised System of Excuses and the Problem of Multiple Excuses = 92
• C. Justifications = 95
• 1. The Disability Requirement = 84
• 2. Three Kinds of Justification Defences = 96
• 3. The Internal structure of Justification : Deeds v. Reasons = 100
• 4. Incompatibility Between Reasonsl Rationale and Current Law's 'Believes' Formulations = 104
• 5. 'Deeds'v.'Reasons': Llability Results = 105
• 5.1 Mistake as to a Justification = 105
• 5.1(1) Liability for Resisting a Mistaken Justification = 105
• 5.1(2) Privileged v. Unprivileged Force = 106
• 5.2 Unknowingly Justified Actor = 108
• 5.2(1) Disagreement over the Signigication of Resulting Harm = 109
• 5.2(2) Unknowing Justification as a Legally Impossible Attempt = 111
• 5.2(3) Liability for Resisting an Unknowungly Justified Actor = 113
• 5.3 Summary of Liability Results = 114
• 6.'Deeds' v Reasons' : Terminology and Conceptualization = 115
• 6.1 Clarity of Conceptualization : 'Justification and Excuse' v. 'Previleged Justification,Unprivileged Justification, and Excuse' = 115
• 6.2 Artlculatlng the Criminal Law's Commands to Those Bound by Them = 118
• 7. The Deeds-Reasons Dual Requirement Proposal = 121
• 8. Deeds v. Reasons : Summary and Conclusion = 123
• PARTⅢ . FUNCTIONAL STRUCTURE = 125
• Chapter 6. A Functional Analysis of Criminal Law = 127
• A.The Standard Conceptyalization = 128
• 1.'Actus Reus' Requirements = 128
• 2. 'Mens Rea' Requirements = 129
• 3. Defences = 137
• B. Rule Articulation, Liability Assignment, and Grading = 138
• Chapter 7. The Rules of Conduct = 143
• A.Obscuring Rules of Conduvt with an Overlay of Liability and Grading Rules = 143
• B.Confusing Conduct Rules and Liability Judgement : Ambiguous Acquittals = 145
• C.Mixing Rule Articulating and Liability Functions by Defining 'Justified' Conduct Subjectively : The Failure to Define the Justifide Conduct Rules = 146
• D.Mixing conduct Rules of Risk-Creation with Liability Judgement of Risk-taking : the Failure to Define Criminal Risks = 148
• E.Conclusion = 155
• Chapter 8. The Doctrines of Liability = 157
• A.Elevating Base and Aggravation Culpability Requirement to the Status of Criminalization Mental States : Improperly Limiting Attempt Liability = 157
• B.Obscuring the Voluntariness Requirement's Shared Liability Function with Excuses : Distorting the Involuntary Act Defence = 164
• C.Conclusion = 169
• Chapter 9. The Doctrines of Grading = 171
• A. mixing liability and Gradogn bu Using Culpability Terms to Define Prohibited Risks : Aggravation of Grade for Risk-Creation in the Absence of a Criminal Risk = 172
• B. Incomplete and Unsystematic Use of Central Grading Facors = 174
• C. Dichotomous v. Continuous Judgements : Using Rule-articulation and Liability-assignment forms in grading = 176
• D. Grading v. Sentencing : The Arguments Against Judicial Sentencing as a Substitute for Grading = 178
• E. conclusion = 181
• PARTⅣ . USING STRUCTURE TO ADVANCE FUNCTION = 183
• Chapter 10. Drafting a Code of Conduct = 185
• A. Eliminate Liability and Grading Language = 185
• B. Condilidate Overlapping Offences = 188
• C. Simplify, accessible Language = 190
• D. Use Simple, Accessible Language = 190
• E. Track Community Views Where Possible = 194
• Chapter 11. Drafting a Code of Adjudication = 196
• A. Adopt a Code Structure that matches the Analytical Process = 196
• B. Include all Articulable Rules Relevant to Adjudication = 198
• C. Use General Principles Wherever Possible = 199
• D. Use Parallel Language in Conceptually Analogous provisions = 201
• E. Provide Jury Verdicts that make clear Their Meaning = 204
• F. The Case Against 'Acoustic Separation' = 207
• Appendix A : Code of Criminal Conduct = 211
• Appendix B : Code of Criminal Adjudiation = 221
• Index = 241