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Victims' Rights and Victims' Wrongs

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Victims' Rights and Victims' Wrongs offers a provocative argument in favor of a new defense in criminal law that acknowledges and weighs a victim's behavior in determining a defendant's liability.
  • 18 August 2009
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"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries.

Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

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Price: $65.00
Pages: 248
Publisher: Stanford University Press
Imprint: Stanford Law Books
Series: Critical Perspectives on Crime and Law
Publication Date: 18 August 2009
Trim Size: 9.00 X 6.00 in
ISBN: 9780804755382
Format: Hardcover
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"Her thesis raises a number of interesting and important questions. . .Bergelson develops these ideas with a clear eye for a good argument, and an impressive breadth of engagement."
Vera Bergelson is Professor of Law and Robert E. Knowlton Scholar at Rutgers University.