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Exculpation As Inculpation, Russell L. Christopher
Exculpation As Inculpation, Russell L. Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Should a criminal defendant who contrives, creates, or causes the conditions of her own defense forfeit the defense? For example, suppose a provocateur taunts a provocatee into unlawfully attacking so that the provocateur may justifiably kill in self-defense. There are two competing approaches. Under the principle that defense-contrivers have "unclean hands," the predominant approach of the criminal law is to bar the defense (the Legal approach). Disagreeing, most criminal theorists advocate both granting the contrived defense and, seemingly paradoxically, imposing criminal liability for culpably contriving the defense (the Theoretical approach). That is, seeking exculpation is itself inculpatory. The Theoretical approach …
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
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