Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law (Critical Perspectives on Crime and Law)

"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. 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 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.--jacket. Victim's Conduct In Criminal Law And Criminology -- Why Does Criminal Law Needs A Generic Defense Of Comparative Criminal Liability? -- What Happens To Victim's Rights In Situations Of Consent, Self-defense, And Provocation? -- The Principle Of Conditionality Of Rights -- How Long Do Victim's Rights Remain Limited? -- The Defense Of Comparative Criminal Liability. Vera Bergelson. Includes Bibliographical References And Index. "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 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.--Résumé de l'éditeur CONTENTS......Page 8 Acknowledgments......Page 10 Introduction......Page 14 PART 1 REALITY CHECK: CAN VICTIMS BE PARTLY RESPONSIBLE FOR THE HARM THEY SUFFER?......Page 20 1 Victims’ Conduct in Criminal Law and Criminology......Page 22 2 Why Does Criminal Law Need a Generic Defense of Comparative Criminal Liability?......Page 49 PART 2 TOWARD A UNIFYING THEORY OF COMPARATIVE CRIMINAL LIABILITY......Page 72 3 What Happens to Victims’ Rights in Situationsof Consent, Self- Defense, and Provocation?......Page 74 4 The Principle of Conditionality of Rights......Page 104 PART 3 INCORPORATING THE PRINCIPLE OF CONDITIONALITY OF RIGHTS INTO CRIMINAL LAW......Page 138 5 How Long Do Victims’ Rights Remain Limited?......Page 140 6 The Defense of Comparative Criminal Liability......Page 154 Conclusion......Page 174 Notes......Page 180 Bibliography......Page 226 Index......Page 242