Criminally Ignorant

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This is a book about the legal fiction that sometimes we know what we don't. The willful ignorance doctrine says defendants who bury their heads in the sand rather than learn they're doing something criminal are punished as if they knew. Not all legal fictions are unjustified, however. This one, used within proper limits, is a defensible way to promote the aims of the criminal law. Preserving your ignorance can make you as culpable as if you knew what you were doing, and so the interests and values protected by the criminal law can be promoted by treating you as if you had knowledge. This book provides a careful defense of this method of imputing mental states based on equal culpability. On the one hand, the theory developed here shows why the willful ignorance doctrine is only partly justified and requires reform. On the other hand, it demonstrates that the criminal law needs more legal fictions of this kind. Repeated indifference to the truth may substitute for knowledge, and very culpable failures to recognize risks can support treating you as if you took those risks consciously. Moreover, equal culpability imputation should also be applied to corporations, not just individuals. Still, such imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for reform.

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Genre : Law
Author : Dr. Alexander Sarch
Publisher : Oxford University Press
Release : 2019-05-29
File : 297 Pages
ISBN-13 : 9780190056582


Medical And Surgical Reporter

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Genre : Medicine
Author :
Publisher :
Release : 1870
File : 570 Pages
ISBN-13 : UOM:39015013144673


Transactions Of The Iowa State Medical Society

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Genre : Medicine
Author :
Publisher :
Release : 1871
File : 294 Pages
ISBN-13 : IOWA:31858021042092


A Medico Legal Treatise On Malpractice And Medical Evidence

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Genre : Evidence, Expert
Author : John J. Elwell
Publisher :
Release : 1871
File : 624 Pages
ISBN-13 : STANFORD:36105063256940


A Medicolegal Treatise On Malpractice Medical Evidence And Insanity

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Genre : Evidence, Expert
Author : John J. Elwell
Publisher :
Release : 1881
File : 614 Pages
ISBN-13 : UOM:35112104008109


North American Journal Of Homoeopathy

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Author :
Publisher :
Release : 1891
File : 886 Pages
ISBN-13 : HARVARD:32044103098356


The Church Congress Journal

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Genre :
Author : Episcopal Church. Church Congress
Publisher :
Release : 1882
File : 250 Pages
ISBN-13 : CHI:097672068


Lectures On The Epistle To The Romans By The Rev Ralph Wardlaw Edited By His Son The Rev J S Wardlaw Second Edition With The Text And A Portrait

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Author :
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Release : 1869
File : 410 Pages
ISBN-13 : BL:A0026562877


Lectures On The Epistle To The Romans

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Genre : Bible
Author : Ralph Wardlaw
Publisher :
Release : 1869
File : 412 Pages
ISBN-13 : NLS:V000696047


The Fortnightly Review

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Genre :
Author :
Publisher :
Release : 1891
File : 950 Pages
ISBN-13 : IND:30000070493402