Defences To Crime
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General Defences In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2016-04-15
General Defences In Criminal Law written by Alan Reed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Defences To Crime
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Author :
language : en
Publisher:
Release Date : 1885
Defences To Crime written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Actions and defenses categories.
Rationale Based Defences In Criminal Law
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Author : Mark Dsouza
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-04
Rationale Based Defences In Criminal Law written by Mark Dsouza and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-04 with Law categories.
PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.
Criminal Defences
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Author : Desmond O'Connor
language : en
Publisher: Butterworth-Heinemann
Release Date : 1996
Criminal Defences written by Desmond O'Connor and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Handbook for law students and criminal law practitioners. Third edition updating the analysis of the defences available under the law up to 1995, including a much more extensive analysis of provisions of the various criminal codes than previous editions. Also outlines the defences available to commonwealth crimes as well as states with both common law and statutory criminal systems. Includes a table of contents, table of cases, table of statutes and an index. O'Connor is a barrister at law and formerly reader in law at the ANU and Fairall is professor of law at James Cook University and adjunct professor at Bond University. Also available in paperback.
Mental Condition Defences And The Criminal Justice System
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Author : Alan Reed
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2015-02-27
Mental Condition Defences And The Criminal Justice System written by Alan Reed and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-27 with Law categories.
Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.
Justification Defenses And Just Convictions
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Author : Robert F. Schopp
language : en
Publisher: Cambridge University Press
Release Date : 1998-01-13
Justification Defenses And Just Convictions written by Robert F. Schopp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-13 with Law categories.
This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
Defences To Crime Special Defences To Crimes Against The Public
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Author : John Davison Lawson
language : en
Publisher:
Release Date : 1885
Defences To Crime Special Defences To Crimes Against The Public written by John Davison Lawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Actions and defenses categories.
Criminal Responsibility And Partial Excuses
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Author : George Mousourakis
language : en
Publisher: Routledge
Release Date : 2018-12-17
Criminal Responsibility And Partial Excuses written by George Mousourakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-17 with Law categories.
Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Killing In Self Defence
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Author : Fiona Leverick
language : en
Publisher: OUP Oxford
Release Date : 2006-12-07
Killing In Self Defence written by Fiona Leverick and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-07 with Law categories.
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
Self Defence In Criminal Law
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Author : Boaz Sangero
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-07-24
Self Defence In Criminal Law written by Boaz Sangero and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-24 with Law categories.
This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.