Criminal Law

Criminal Law and Criminal Justice: Morals and Policy goes beyond the traditional criminal law textbook and invites students to question why we criminalise certain behaviour and whether the decisions made by the courts can be justified according to legal principle, morals and policy. Providing an overview not only of the legal doctrine of criminal law, but also of the underpinning theory behind the legal doctrine, the book encourages critical thinking around the context behind, and implementation of, legal decisions. It applies (...) this to current issues, such as respect for personal autonomy, prevention of domestic abuse and discouraging gang activity, whilst providing a clear overview of the law relating to actus reus, mens rea, property offences, homicide, non-fatal offences, sexual offences, accessorial liability, and defences. Using hypothetical scenarios, students will develop an understanding of why certain rules exist and then be able to critically analyse why certain behaviour is criminalised. An in-depth study of several key cases will show how the rules and theory play out in practice, and students will examine how morals and policy have influenced these decisions. Featuring thinking points as well as further reading suggestions, this textbook is suitable for all students of criminal law, as well as for those studying jurisprudence. (shrink)

Plea bargaining in criminal cases is a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case, subject to court approval (daan vs. Sandiganbayan, g.R. Nos. 163972-77). The supreme court (sc) has issued new guidelines that enhanced and clarified plea bargaining in illegal drug cases where an accused seeks to plead guilty to a lesser offense for a lighter penalty. The purpose of the study is to assess the impact of plea bargaining agreements on (...) drug police operations in sta. Mesa police station, manila. The respondents were PNP personnel of sta. Mesa police station (ps-8) currently and formerly designated as station drug enforcement unit and selected barangay anti-drug abuse council (badac) members wherein persons who availed plea bargaining reside were the respondents of the study. The area of study was done at sta. Mesa police station (ps-8), manila. Santa Mesa is a district in Manila, Philippines. It was found out that the PNP personnel assessed believed that the persons who entered plea bargaining agreements have fully supported the police officers in drug police operations. An operational plan was developed to increase support for the plea bargaining agreement among arrested drug suspects. (shrink)

The role of intention in criminal law stands in stark contrast to that of motive. While intention’s significance for criminal liability is hardly ever contested, motive’s relevance is most frequently relegated to the peripheries. This is, I believe, a mistake, and I hope to amend it by providing a novel argument in favour of motive’s relevance to criminal liability: an argument premised not on normative considerations, but on the very nature of motive itself. An agent’s motives, I will argue, are (...) her ‘focal desires’. Desires, as I will illustrate in turn, are psychological dispositions that manifest in goal-directed behavior aimed at satisfying the object of the desire, and an agent’s focal desires are those desires whose satisfaction denotes the completion of the action-process the agent aims to undertake. The paper will conclude with a brief outlook as to the implications of these findings to criminal law. (shrink)

Una de las estrategias legislativas más extendidas en el ámbito penal es la de establecer límites mínimos y límites máximos para cada delito. De esta manera, al momento de determinar la pena para el caso en concreto, los jueces utilizan estos límites como guías de menor o mayor reproche por la conducta cometida. Entre los elementos en los que se apoyan los jueces para esta determinación se encuentran la culpabilidad del agente al momento de cometer el hecho y la lesividad (...) de su conducta delictiva. Sin embargo, existen ciertos casos en los cuales la pena mínima se muestra desproporcionada con el reproche que merece el agente. En particular, en este trabajo abordaré estas situaciones a fin de reconstruir algunas discusiones existentes en la filosofía jurídica y política. (shrink)

“Voluntas ut ratio. Sullo statuto della volontà nel diritto penale” è una monografia di diritto penale rivolta agli studiosi della materia, agli avvocati, ai magistrati e ai pratici del diritto. Dopo avere recuperato le radici della “volontà” e della “libertà” nel pensiero occidentale ed avere esaminato la curvatura riduzionistica tipica della filosofia e della criminalistica moderne, l’Autore di Voluntas ut ratio affida al penalista di oggi alcune riflessioni circa i dogmi del comportamentismo psicologico e la successiva riemersione della volontà e (...) della libertà nella psicologia contemporanea. All’esito dell’indagine, Mauro Ronco formula alcune originali conclusioni sul ruolo della libertà nel diritto penale, sull’imputazione come presupposto di responsabilità, sulla c.d. “colpevolezza normativa” (nozione sottoposta a serrata critica dogmatica), sulla capacità di imputazione e sul carattere essenzialmente deficitario della volontà e della libertà umane, con alcune proposte conclusive in chiave construens. (shrink)

Title 18 §2103 of the Pennsylvania Consolidated Statutes forbids me from insulting the Pennsylvania flag. Title 42 §5552 forbids Pennsylvania’s prosecutors from holding me accountable now for insul...

This paper examines the debate on AI legal personhood, emphasizing the role of path dependencies in shaping current trajectories and prospects. Three primary path dependencies emerge: prevailing legal theories on personhood (singularist vs. clustered), the actual participation of AI in socio-digital institutions (instrumental vs. non-instrumental), and the impact of technological advancements. We argue that these factors dynamically interact, with technological optimism fostering broader attribution of the legal entitlements to AI entities and periods of scepticism narrowing such entitlements. Additional influences include (...) regulatory cross-linkages (e.g., data privacy, liability, cybersecurity) and historical legal precedents. Current regulatory frameworks, particularly in the EU, generally resist extending legal personhood to AI systems. Case law suggests that without explicit legislation, courts are unlikely to grant AI legal personhood on their own, although some authors suggest that the courts can do so. For this to happen, AI systems would first need to prove de facto legitimacy through sustained participation within socio-digital institutions. The chapter concludes by assessing near- and long-term prospects for legal personification, from generative AI and AI agents in the next 5–20 years to transformative possibilities such as AI integration with human cognition via Brain-Machine Interfaces in a more distant future. (shrink)

“Jury Nullification, Verdictal Asymmetry, and the Ultimate Logic of Anarchy” is a critical examination and analysis of the ‘anarchy objection’ to jury nullification, a common argument against informing juries of their nullification power. The anarchy objection posits that jury nullification leads to inconsistent verdicts (verdictal asymmetry) and, as a result, social anarchy and chaos. Through careful analysis, I argue that the anarchy objection is predicated on two flawed premises: first, that jury nullification promotes verdictal asymmetry, and second, that such asymmetry (...) leads to anarchy. Such commitments are, I argue, empirically unsupported and conceptually misguided. Verdictal asymmetry is an intrinsic feature of the common law system, present at nearly every adjudicative stage, and not uniquely linked to jury nullification; yet we certainly do not live in an environment of jural/social anarchy. Finally, I discuss how the principle of treating like cases alike is primarily a procedural constraint, not a mandate for verdictal symmetry. By dismantling the anarchy objection, I aim to contribute to a deeper understanding of the jurisprudence surrounding the jury nullification debate and its role within the legal system. (shrink)

George Fletcher, a foremost scholar in the fields of comparative and international criminal law, was a friend and colleague of Herbert Morris, a renowned scholar and teacher of law and philosophy at the UCLA School of Law. To commemorate and honor the late Herbert Morris, who died in 2022, Fletcher has assembled and edited the selection of essays in this book. Many of the contributors knew Morris on a personal and an academic level. Others only knew of Morris by reputation. (...) The essays fall into four categories: Criminal Law and Theory, Personal Reflections, Art and Literary Criticism, and Law and Religion. This commemorative volume reflects Fletcher's respect and admiration for his friend's accomplishments and lifetime achievements. "In two essays, the late Professor Herbert Morris addresses the fundamental issue in criminal law, whether thoughts alone could constitute a basis of criminal liability. The first essay was "Punishment for Thoughts" and the second, "Persons and Punishment". I consider these two of the most important articles ever published on the theory of criminal law." George Fletche. (shrink)

Whether or not we call a love-like relationship with robots true love, some people may feel and claim that, for them, it is a sufficient substitute for love relationship. The love relationship between humans has a special place in our social life. On the grounds of both morality and law, our significant other can expect special treatment. It is understandable that, precisely because of this kind of relationship, we save our significant other instead of others or will not testify against (...) her/him. How as a society should we treat love-like relationships humans with robots? Based on the assumption that robots do not have an inner life and are not moral patients, I defend the thesis that this kind of relationship should be protected by criminal law. (shrink)