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Essays in Criminal Law

NCJ Number
127024
Author(s)
N Jareborg
Date Published
1988
Length
151 pages
Annotation
Seven essays focus on the criminal justice system in Sweden, specifically examining criminal law, criminal liability, criminal responsibility, penal system coherence, sentencing disparity, and the prosecutorial role.
Abstract
The first essay presents a legal-historical overview of Swedish criminal law and considers the distinction between concepts of justification and excuse. The second essay discusses the two faces of culpa, viewing culpa as fault, the principle of conformity, culpa as guilt, blame as a foundation for punishment, recklessness, negligence, and excusable error and ignorance. The third essay explores criminal liability for omissions in terms of the guarantor doctrine, carelessness, and vicarious liability. The fourth essay addresses determinism and criminal responsibility with emphasis on punishment, excuses, rationality, personhood, freedom, responsibility, blame and punishment, and desert and punishment. The final three essays review the coherence of Sweden's penal system, disparity in sentencing, and the role of prosecutors in Swedish law. 29 references and 75 notes