Books about Culpability from Amazon.com

It is hard enough in many cases simply figuring out whether a person has committed an antisocial act. It is harder still to determine the extent to which he or she intended the act, and why he or she committed it. And most difficult of all is divining whether a person will harm again. The law has increasingly turned to mental health professionals to help address these issues, particularly the last two. Because of their familiarity with and study of human behavior, psychiatrists, psychologists and other clinicians are thought to possess special expertise in assessing culpability and dangerousness. Members of these groups routinely furnish the courts with evaluations of insanity and other mental state at the time of the offense, and even more frequently proffer predictions about future behavior.
Both culpability and dangerousness are exceedingly difficult to gauge; even mental health professionals well-versed in the behavioral sciences cannot claim a high degree of reliability in their efforts to address these issues. Though the current trend in evidence law is to demand a rigorous demonstration of scientific validity from expert witnesses, especially when those experts are mental health professionals proffered by the defense, this book argues that this is a mistake. Such a position undermines the fairness of the process and could quite possibly even diminish its reliability, given the defense's constitutional entitlement to tell its story and the inscrutability of past and future mental states. At the same time, Professor Slobogin proposes a number of ways the courts can ensure that experts provide the best possible information about ultimately unknowable past mental states and future behavior..
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This book investigates why, when, and how ordinary human beings hold some individuals guilty of crimes, but others less so or not at all. Why, for example, do the emotions of the accused sometimes aggravate a murder, making it a heinous crime, whereas other emotions might mitigate that murder to manslaughter, excuse a killing (by reason of insanity), or even justify it (by reason of self-defense)? And what emotions on the part of jurors come into play as they arrive at their decisions? The authors argue persuasively that U.S. law is out of touch with the way that jurors' commonsense justice works and the way they judge culpability. This disconnect has resulted in some inconsistent verdicts across different types of cases and thus has serious implications for whether the law will be respected and obeyed. Problems arise because criminal law has no unified theory of emotion and culpability, and legal scholars often seem to misunderstand or ignore what psychologists know about emotion. The authors skillfully show that the law's culpability theories are (and must be) psychological at heart, and they propose ways in which psychology can help inform and support the law.
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When the Soviet Union and Nazi Germany partitioned Poland in September of 1939, thousands of Jews fled Poland into Lithuania and fled across the U.S.S.R. to Japan. With the help of Jan Zwartendijk, acting Dutch consul, and Chiune Sugihara, Japan's vice consul in Lithuania, the refugees obtained documents for their perilous escape from Nazi persecution. From Japan, many refugees moved on to Dutch-controlled Curacao or other final destinations. Decades after the war, and one year before his death in 1986, Sugihara was finally honored by Israel with the "Righteous Among the Nations" Award for the help he gave to the Jews in 1940. He also received the Raoul Wallenburg Award posthumously in 1990. However, in Japan little was known about Sugihara's heroic actions for more than five decades. The author, Seishiro Sugihara (no relation to Chiune), reveals a pattern of deception and obfuscation by Japan's foreign ministry to obstruct recognition of Sugihara's philanthropy. The Sugihara episode, the author contends, is only one in a long line of scandalous cover-ups which have plagued the Ministry, including its ill-fated Twenty-One Demands upon Nationalist China in 1915; and more infamously the failure of its Washington Embassy to follow orders and deliver the "declaration of war" on December 7, 1941 which resulted in the Pearl Harbor operation being stigmatized as a "sneak attack." His book is the first to demonstrate that, while Japan's military was abolished during the Occupation, the Foreign Ministry secured its own future at the expense of Japan and the Japanese people, and deliberately and systematically placed Sugihara's act of kindness beyond public scrutiny..
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This digital document is an article from The Journal of Men's Studies, published by Men's Studies Press on March 22, 2003. The length of the article is 5249 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Men and nostalgia for violence: culture and culpability in Chuck Palahniuk's Fight Club.(Critical Essay)
Author: Kevin Alexander Boon
Publication:The Journal of Men's Studies (Refereed)
Date: March 22, 2003
Publisher: Men's Studies Press
Volume: 11 Issue: 3 Page: 267(10)

Article Type: Critical Essay

Distributed by Thomson Gale.
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