Justification and excuse in the criminal law
著者
書誌事項
Justification and excuse in the criminal law
（The Hamlyn lectures, . 40th ser.）
Stevens, 1989
- : pbk
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注記
Includes index
Published under the auspices of the Hamlyn Trust
内容説明・目次
内容説明
Professor Smith considers a subject of great importance to the criminal law, both as a topic of extensive academic debate and also in the context of the problems faced by the ordinary citizen who may be confronted with a choice between breaking the letter of the law, or seeing others suffer harm. Issues discussed in this text include: the distinction between justification and excuse, and the consequences that may result from it; the "Stephen Waldorf" case in the context of potential resistance to mistakenly applied but lawful force; whether circumstances unknown to the defendant may amount to a defence; judicial interpretation as statutory "let-out" clauses, such as "without reasonable excuse", "dishonesty" and "recklessness"; necessity and duress; "mercy killings" and the judicial discovery of the defence of circumstances, and the future of justification and excuse in case law, legislation or codification.
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