This book offers critical analysis for jury instructions in the United States. Supported by court decisions, careful interpretation of the United States Constitution, and jurist's arguments, Hisham M. Ramadan thoroughly examines the mental elements in crime, the burden of proof in criminal trials, and the doctrine of reasonableness.
This book offers critical analysis for jury instructions in the United States. Supported by court decisions, careful interpretation of the United States Constitution, and jurist's arguments, Hisham M. Ramadan thoroughly examines the mental elements in crime, the burden of proof in criminal trials, and the doctrine of reasonableness.
Chapter 1 Foreword Chapter 2 Preface Chapter 3 Acknowledgments Chapter 4 The Standard of Proof in Criminal Trials (The Challenge of Explaining "Reasonable Doubt"): Introduction Is "Beyond a Reasonable Doubt" A Self-Explanatory Concept? The Impact of an Undefined Standard of Proof in Criminal Trials The Basic Concepts Chapter 5 Reconstructing Reasonableness in Criminal Law: Introduction The Rise and Fall of Reasonableness in Criminal Law Policies that Underlie the Reasonableness Standard The Failure to Achieve the Objectives of the Reasonableness Standard Rule of Subst Chapter 6 Recklessness: Introduction Problems with Setting Reckless Boundaries Outlining Recklessness Boundaries Analysis and conclusion Proposed Jury Instructions Chapter 7 Intentional Homicide: Introduction The Cognitive State of Desire: Desire to Cause Death versus Desire to Cause an Act that Ultimately Causes Death The Cognitive State of Belief "Knowingly" Intentional Homicide with Aggravating Circumstances: Prem Chapter 8 Negligence: Introduction The History of the Fault Element in Negligence: Awareness of Fault Modern Analysis of Fault in Culpable Negligence Redefining Culpable Negligence: Integrating Negligence within the Theory of Knowledge Conclusion Propose Chapter 9 Index
Chapter 1 Foreword Chapter 2 Preface Chapter 3 Acknowledgments Chapter 4 The Standard of Proof in Criminal Trials (The Challenge of Explaining "Reasonable Doubt"): Introduction Is "Beyond a Reasonable Doubt" A Self-Explanatory Concept? The Impact of an Undefined Standard of Proof in Criminal Trials The Basic Concepts Chapter 5 Reconstructing Reasonableness in Criminal Law: Introduction The Rise and Fall of Reasonableness in Criminal Law Policies that Underlie the Reasonableness Standard The Failure to Achieve the Objectives of the Reasonableness Standard Rule of Subst Chapter 6 Recklessness: Introduction Problems with Setting Reckless Boundaries Outlining Recklessness Boundaries Analysis and conclusion Proposed Jury Instructions Chapter 7 Intentional Homicide: Introduction The Cognitive State of Desire: Desire to Cause Death versus Desire to Cause an Act that Ultimately Causes Death The Cognitive State of Belief "Knowingly" Intentional Homicide with Aggravating Circumstances: Prem Chapter 8 Negligence: Introduction The History of the Fault Element in Negligence: Awareness of Fault Modern Analysis of Fault in Culpable Negligence Redefining Culpable Negligence: Integrating Negligence within the Theory of Knowledge Conclusion Propose Chapter 9 Index
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