Victims' Rights And Victims' Wrongs eBook

"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.