在胁迫下行事

N. Richards
{"title":"在胁迫下行事","authors":"N. Richards","doi":"10.2307/2220059","DOIUrl":null,"url":null,"abstract":"The plea that one acted under duress can alter completely the reaction to one's behaviour. Suppose, for example, that a cashier had given all the money in her register to a total stranger. If she could show that he had demanded the cash at gunpoint, she would change from an object of criticism to one of sympathy. Or imagine instead a witness who had committed perjury. If he turned out to have done so in response to dire threats from the defendant's fellow-gangsters, perhaps we should not be as entirely forgiving and sympathetic as we are with the cashier who faced the robber. But we should not be as hard on him as we should if he had lied for money, or for fun. In other circumstances the plea that one acted under duress would fail entirely, neither eliminating nor mitigating criticism. Not every threat impresses us, and some impress us more than others. What ought to make these differences? And can only a threat put someone under duress, or could an offer do so: say, an offer of something very badly needed? And what are we to say about mixed motivation: for example, about a cashier who handed over the money partly in order to avoid being shot, but also partly in hopes of bankrupting her detested employer? These questions are connected, and call for a general account of duress. I will review two such accounts, then offer a third.","PeriodicalId":233650,"journal":{"name":"Controversies in Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Acting Under Duress\",\"authors\":\"N. Richards\",\"doi\":\"10.2307/2220059\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The plea that one acted under duress can alter completely the reaction to one's behaviour. Suppose, for example, that a cashier had given all the money in her register to a total stranger. If she could show that he had demanded the cash at gunpoint, she would change from an object of criticism to one of sympathy. Or imagine instead a witness who had committed perjury. If he turned out to have done so in response to dire threats from the defendant's fellow-gangsters, perhaps we should not be as entirely forgiving and sympathetic as we are with the cashier who faced the robber. But we should not be as hard on him as we should if he had lied for money, or for fun. In other circumstances the plea that one acted under duress would fail entirely, neither eliminating nor mitigating criticism. Not every threat impresses us, and some impress us more than others. What ought to make these differences? And can only a threat put someone under duress, or could an offer do so: say, an offer of something very badly needed? And what are we to say about mixed motivation: for example, about a cashier who handed over the money partly in order to avoid being shot, but also partly in hopes of bankrupting her detested employer? These questions are connected, and call for a general account of duress. I will review two such accounts, then offer a third.\",\"PeriodicalId\":233650,\"journal\":{\"name\":\"Controversies in Criminal Law\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-04-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Controversies in Criminal Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2307/2220059\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Controversies in Criminal Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2307/2220059","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1

摘要

一个人在胁迫下行事的辩解可以完全改变人们对其行为的反应。例如,假设一个出纳员把收银机里的所有钱都给了一个完全陌生的人。如果她能证明他是用枪指着她要钱的,她就会从批评的对象变成同情的对象。或者想象一个做了伪证的证人。如果他这样做是为了回应被告同伙的可怕威胁,也许我们不应该像面对抢劫犯的收银员那样完全原谅和同情。但是,如果他为了钱或娱乐而撒谎,我们就不应该对他那么严厉。在其他情况下,一个人在胁迫下行事的辩护将完全失败,既不能消除也不能减轻批评。并不是每一个威胁都让我们印象深刻,有些威胁更让我们印象深刻。是什么造成了这些差异?只有威胁才能使人受到胁迫,或者要约可以做到这一点:比如,提供非常需要的东西?我们又该如何看待混合动机呢?比如,一个出纳员交出钱,一方面是为了避免被枪杀,另一方面是希望让她讨厌的雇主破产。这些问题是相互联系的,需要对胁迫进行全面的说明。我将回顾两个这样的说法,然后提出第三个。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Acting Under Duress
The plea that one acted under duress can alter completely the reaction to one's behaviour. Suppose, for example, that a cashier had given all the money in her register to a total stranger. If she could show that he had demanded the cash at gunpoint, she would change from an object of criticism to one of sympathy. Or imagine instead a witness who had committed perjury. If he turned out to have done so in response to dire threats from the defendant's fellow-gangsters, perhaps we should not be as entirely forgiving and sympathetic as we are with the cashier who faced the robber. But we should not be as hard on him as we should if he had lied for money, or for fun. In other circumstances the plea that one acted under duress would fail entirely, neither eliminating nor mitigating criticism. Not every threat impresses us, and some impress us more than others. What ought to make these differences? And can only a threat put someone under duress, or could an offer do so: say, an offer of something very badly needed? And what are we to say about mixed motivation: for example, about a cashier who handed over the money partly in order to avoid being shot, but also partly in hopes of bankrupting her detested employer? These questions are connected, and call for a general account of duress. I will review two such accounts, then offer a third.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信