Reconstructing Jury Instructions in Homicide Offenses
Rethinking Homicide Law
Published on 7. July 2004
Book
Paperback/Softback
134 pages
978-0-7618-2853-2 (ISBN)
Description
Reconstructing Jury Instructions in Homicide Offenses 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. In addition, the concepts of the knowledge element in the offense, the presumption of innocence and the reasonableness doctrine are re-examined as never before. Every issue discussed begins with a description of the historical and theoretical foundation of the concept and ends with a practical proposal for jury instruction reform. An in-depth analysis of fundamental legal issues, Reconstructing Jury Instructions translates highly theoretical work into a practical proposal for law reform.
More details
Language
English
Place of publication
Lanham, MD
United States
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 8 mm
Weight
209 gr
ISBN-13
978-0-7618-2853-2 (9780761828532)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Hisham M. Ramadan, S.J.D, is the International Criminal Court Project Coordinator at the International Human Rights Law Institute, DePaul University College of Law. Previously, he taught Criminal Law at the University of Queensland, Australia, and was a visiting lecturer at the University of Wisconsin Law School.
Content
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 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