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Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Faculty Publications
Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …
Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman
Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman
Faculty Publications
Forward to the Case Western Reserve University School of Law's Institute for Global Security Law and Policy symposium The World Conference on Combating Terrorist Financing, Cleveland, OH, April 10 to 11, 2008