Of crimes and rights : the penal code viewed as a bill of rights / Macklin Fleming.
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Full Text (via Internet Archive) |
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| Format: | eBook |
| Language: | English |
| Published: |
New York :
Norton,
℗♭1978.
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| Edition: | 1st ed. |
| Subjects: |
Table of Contents:
- I. Of crimes and rights. 1. The framework : crime flourishes while criminal law languishes
- 2. What is crime?
- 3. What causes crime?
- 4. Particular crime : causality of intent and act
- 5. Purpose and ends of criminal law : protection of primary personal rights
- 6. Engine of criminal law : factual inquiry
- 7. Engine of criminal law : denunciation
- 8. Engine of criminal law : sanction
- 9. Attributes of effective sanction
- 10. Protection outside criminal law : juveniles and incompetents
- II. Criminal law as protection. 11. We relate theory to practice
- 12. Separation of true crime from public offenses
- 13. We argue for more effective factual inquiry
- 14. The need for universal public denunciation of crime
- 15. We gain protection through economy of sanction
- 16. We protect against crime by suppressing preventive public offenses
- 17. We supplement criminal law with civil measures
- 18. Systematic judicial supervision of criminal sanction and the form it should take
- 19. Pardon and executive clemency : bolt of lightning from the nonlegal world
- 20. Conclusion : The golden rule of reciprocal protection and retraint
- Appendix : Representative examples of true crime. 1. Gang rape
- 2. Murder
- 3. Murder
- 4. Repetitive murder
- 5. Child murder
- 6. Burglary with bodily injury
- 7. Child molestation.