Victims' Rights And Victims' Wrongs: Comparative Liability In Criminal Law

[Vera Bergelson] | 248 pages.

Published by Standford University on 15 Sept. 2009.

Product Description
'Don't blame the victim' is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? "Victims' Rights and Victims' Wrongs" criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries.
Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and 'innocent' aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

About the Author
Vera Bergelson is Professor of Law and Robert E. Knowlton Scholar at Rutgers University.