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An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence
In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish...
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Evidentiary Graded Punishment: A New Look at Criminal Liability for Failing to Report Criminal Activity
This Article presents a theory whereby criminal punishments are routinely distributed in proportion to the weight of the evidence mounted against the...
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Criminal Law Theory: Introduction
This is an introduction to the special issue on criminal law theory.
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The Structure of Criminal Law
According to a common view, criminal law should be structured in a way that allocates the conditions of criminal liability to different types of...
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Fruit of the Poison Tree Doctrine in U.S. Criminal Proceedings and Regulations on the Exclusion of Evidence in Vietnamese Criminal Proceedings
This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the...
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Retrospect and Prospect of Criminal Defense System in the Past Forty Years
The defense system is an integral part of the criminal procedure system and an important expression of human rights protection in criminal procedure.
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Criminal Law
Criminal law is an indispensable and important law to protect human rights and maintain social order. The criminal law in our country has a long...
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How does Structural Injustice Impact Criminal Responsibility?
David Brink’s book Fair Opportunity & Responsibility is a meticulously argued and ultimately convincing book that carefully articulates the...
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Criminal Law
Criminal law is the generic name of legal norms stipulating crimes and their consequences (mainly penalty) that are promulgated in the name of the...
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Arbitration and Criminal Proceedings
With the development of the economy, more and more criminal cases frequently emerge in civil cases or look like civil and criminal cases. Such...
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When Should the Master Answer? Respondeat Superior and the Criminal Law
Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority...
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Critical Mercy in Criminal Law
Much contemporary discussion of mercy has focused on what I call ‘beneficent mercy’: compassionately sparing a person from harsh treatment that she...
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An Empirical Study of Publicly Appointed and Privately Retained Defense Lawyers in Plea Bargaining: The Chinese Experience
A trial waiver system was implemented and tested in 18 large cities of China during 2016–2018. The present study compares publicly appointed and...
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‘De Minimis’ and the Structure of the Criminal Trial
The Model Penal Code’s ‘De Minimis’ provisions (§ 2.12) cover different kinds of case in which, for reasons of equity, a prosecution should be...
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Should Criminal Law Mirror Moral Blameworthiness or Criminal Culpability? A Reply to Husak
In Ignorance of Law , Doug Husak defends a version of legal moralism on which ‘we should recognize a presumption that the criminal law should…be...
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Challenges for Criminal Law in the Context of the Aggression of the Russian Federation Against Ukraine
Today, there are several problems in the field of criminal law caused both by the emergence of new types of legal relations and by the imperfection...
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Criminal Responsibility Reconsidered
This essay review addresses the central responsibility thesis of David Brink's "Fair. Opportunity and Responsibility" and then considers two...
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Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal Law
Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a...
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Substantive Criminal Law in the Normative Approach
Criminal law describes the criteria for holding an offender criminally responsible. Such criteria, when interpreted in a specific case, should form...
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When is Disbelief Epistemic Injustice? Criminal Procedure, Recovered Memories, and Deformations of the Epistemic Subject
People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical...