April 17, 2014
"Culpability and Modern Crime"
The title of this post is the title of this intriguing new paper by Samuel Buell now available via SSRN. Here is the abstract:
Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded within socially welcome activities. With such offenses, legal institutions struggle in borderline cases to locate sufficient fault to satisfy the demands of justification for punishment. This Article demonstrates this problem through exploration of the law of each of these offenses in modern form.
To address the problem, the Article turns to criminal law theory, finding a connection between culpability and the principle of notice in criminal law. Rather than its absence serving to exculpate, notice can profitably be understood to inculpate. To manage the problem of culpability in modern crime, the Article concludes, legal institutions should attend more explicitly — in both criminalization and adjudication — to the questions whether the actor was aware of the normative wrongfulness of her conduct and, if not, whether punishment is justified on a negligence level of fault. This orientation is especially advisable when further expansive moves in American criminal justice are now difficult to justify.
April 17, 2014 at 10:01 AM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference "Culpability and Modern Crime":
This is an old, classic, ad highly successful bunko scheme. In the Inquisition 1.0, there could be hundreds of infractions, and blasphemies, all violating made up rules. "You have blasphemed by eating meat on Friday. You will be going to the stake." Followed by, "We have an offer for you. Donate your estates and money to the Chirch to atone for your blasphemy, we can avod the stake." Bingo, we have the ceiling of the Sistine Chapel.
So the Inquisition went after the merchang class. They did not go after poor Jews, hags as witches, the mentally ill as possessed, except at the margin, for show purposes. The Inquisition had a hardy business plan that lasted 700 years. The middle class experience ritual fee and Inquisition plea deal fatigue. Their wrath erupted in the French Revolution. They dispatched the lot, the nobility, the high Church officials. They beheaded and expelled 10,000 high church officials.
And that is the model to end Inquisition 2.0, taken over by the American lawyer. Kill them all, the entire lawyer hierarchy, a Mafia consisting of around 15,000 traitors. Almost no regulation has any scientific validation. For example, the removal of all traffic lights in a German city, markedly decreased the accident rate. All safety improvements have come from technological advances. None can ever be shown to have come from regulation, from tort verdicts, or any other lawyer endeavor.
This book explains the process of Inquisition 2.0, and see the related books available.
The first, and most reasonable remedy is to end all self dealt lawyer immunities, including that of judges, prosecutors, and their supervisors. They would pay for deviations from professional standards, despite the full qualification of their toxic activity for strict liability. Deter the internal enemy, the lawyer traitor.
If immunity cannot be breached, all out violence has full justification. Arrest them, try them, and execute them.
Posted by: Supremacy Claus | Apr 17, 2014 7:50:05 PM
Its a mad mad world. Blame it on the law.
Posted by: Allison Williams Esq. | May 12, 2014 5:15:02 AM