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Full-Text Articles in Law
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Victims And The Significance Of Causing Harm, Guyora Binder
Victims And The Significance Of Causing Harm, Guyora Binder
Journal Articles
Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …
Foreword: Victims And The Criminal Justice System, Luis E. Chiesa
Foreword: Victims And The Criminal Justice System, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
The trial of Michael Vick illustrates how our current criminal laws increasingly treat nonhuman creatures as "victims," with all of the consequences that this entails, including the possibility to order that restitution be paid to the animals. In light of these considerations, it is fair to say that from a purely descriptive point of view, nonhuman creatures can qualify for victimhood. This does not mean, however, that this conclusion is normatively appealing. Some have argued that this approach is profoundly misguided, given that the criminal law should only aim to safeguard the rights of humans.
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Journal Articles
This article examines the implications of the Michael Vick case for the criminal law in general and for the law of victimhood in particular. It takes as its point of departure the NFL star's agreement to pay close to one million dollars to the various entities that assumed custody of the pit bulls in order to "make restitution for the full amount of the costs associated with the disposition of all dogs" that were involved in his illegal operation. According to the agreement, the authority to order such payments stems from 18 U.S.C. ý 3663, which allows for the issuance …