Homicide In Criminal Law
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Homicide In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2018-09-03
Homicide 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 2018-09-03 with Law categories.
This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Fault In Homicide
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Author : Stanley Meng Heong Yeo
language : en
Publisher: Federation Press
Release Date : 1997
Fault In Homicide written by Stanley Meng Heong Yeo and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Yeo's work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.
Wickedness And Crime
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Author : Penny Crofts
language : en
Publisher: Routledge
Release Date : 2013-10-30
Wickedness And Crime written by Penny Crofts and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with History categories.
The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and sanctions particular models of wickedness. This book illuminates the intimate relationship of crime and definitions of wrongdoing. A central contention of the book is that if a criminal legal system empty of normative content is undesirable and implausible, then we must think critically about the types of models of wickedness that are communicated by criminal legal doctrine. Through historical and contemporary analysis of the legal concept of malice, Penny Crofts examines the types of models of wickedness that are established through criminal legal doctrine. The book draws upon literature, philosophy and jurisprudence to place wickedness at the centre of an account of criminal law. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and clarity, this book examines the implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system. Through historical accounts of malice the book provides resources to enrich a contemporary jurisprudence of blaming. A fascinating contribution to the study of law, this book will interest criminal legal scholars who seek a deeper understanding of the complexity of the relationship between law and morality. The book also provides a resource for legal theorists and philosophers of wickedness, supplying a sustained example and analysis of the implications of types of models of culpability.
Homicide And The Politics Of Law Reform
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Author : Jeremy Horder
language : en
Publisher: OUP Oxford
Release Date : 2012-07-12
Homicide And The Politics Of Law Reform written by Jeremy Horder and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Law categories.
What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.
Homicide Law In Comparative Perspective
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Author : Jeremy Horder
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-10
Homicide Law In Comparative Perspective written by Jeremy Horder and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-10 with Law categories.
A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide. Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide. Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.
Homicide And The Politics Of Law Reform
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Author : Jeremy Horder
language : en
Publisher: Oxford University Press
Release Date : 2012-07-12
Homicide And The Politics Of Law Reform written by Jeremy Horder and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Law categories.
A fascinating study of the law of homicide, examining its recent development and providing an insider's view on the politics of law reform. Challenging current thought, it argues for the general public to have a greater role in the process of law reform including offenses such as murder, manslaughter, and the highly debated corporate homicide.
Fine Lines And Distinctions
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Author : Terrence Morris
language : en
Publisher: Waterside Press
Release Date : 2011-06-20
Fine Lines And Distinctions written by Terrence Morris and has been published by Waterside Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-20 with Law categories.
Written by two of the UKs leading experts on the law of homicide. Contains new information and analysis. Suggests a radical new solution to the mess which English homicide law has become. In this powerful account, the authors show thatfrom Sir Edward Cokes classic common law definition of murder, through political fixes, poorly thought-out compromises and misguided legislative or Executive tinkeringthe English law of homicide is in a mess. Even the most adept legal minds are faced with what has been described in Parliament as fine lines and distinctions. What must juries make of messy laws and how can anyone have confidence in criminal justice if laws affecting some of the most serious offences in the criminal calendar are deeply flawed? To make matters worse, the entire subject of homicide in England and Wales is further distorted by the existence of the mandatory life sentence for murder. Building on unrivalled knowledge, extensive research, close practical observation and incisive analysis, Professor Terence Morris and Sir Louis Blom-Cooper QC trace the development of the law of homicide from early times to the present day. They counter and dismantle specious arguments for preserving the status quo and point out that only root and branch reform of the basis of liability for homicide and its sentencing regime will serve to restore justice, fairness and political probity. Professor Terence Morris and Sir Louis Blom-Cooper QC are two of the UKs leading experts on the law of homicide, having studied developments together for over 50 years. This has led them to recognise the extent of disquiet, especially following particularly troubling cases and to conclude that the law of homicide in England and Wales is an unsatisfactory law enveloped in a political fix. Their suggestion of a replacement single offence of criminal homicide coupled with abolition of the mandatory life sentence for murder in favour of discretion at the sentencing stage demands close study by judges, lawyers, legislators, academics, penal reformers and anyone who senses that something is seriously amiss. 'This is no dry legal tome. The authors present their case in a bracing, persuasive and highly readable way... This is an important and stimulating work that should engage not just the legal practitioner, politician or law student but anyone concerned with our justice system or puzzled by the conduct and outcome of a murder trial': guardian.co.uk 'Fine Lines and Distinctions prompted me to pay more attention to and reflect further on those who have killed. Though its primary focus is the law - specifically a potentially significant improvement to the law - I also warmly recommend it to anyone interested in lifers': Independent Monitor 'This timely, provocative and certainly topical book puts forward a closely argued and well supported case for encouraging "a root and branch reform of the law of homicide" ... [and] provides ample evidence and ammunition to those who would agree that such a reform should be put in place as a matter of urgency': by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers.
Criminal Liability For Non Aggressive Death
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Author : Sally Cunningham
language : en
Publisher: Routledge
Release Date : 2016-05-13
Criminal Liability For Non Aggressive Death written by Sally Cunningham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Law categories.
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
Patterns In Criminal Homicide
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Author : Marvin E. Wolfgang
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-11-11
Patterns In Criminal Homicide written by Marvin E. Wolfgang and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Social Science categories.
This volume is a statistical and sociological analysis of one of the leading causes of death in the United States. Combining original research and a review of all major previous studies on criminal homicide in America, this study attempts to discover and to analyze patterns in criminal homicide from among almost six hundred cases that occurred in the city of Philadelphia between January 1, 1948, and December 31, 1952. The primary source of data utilized by Marvin E. Wolfgang was the files of the Homicide Squad of the Philadelphia Police Department. Answers were sought to a series of questions regarding 588 victims and 621 offenders involved in criminal homicide with respect to the following: race, sex, and age differences; methods and weapons used to inflict death; seasonal and other temporal patterns; spatial patterns; the relationship between the use of alcohol and homicide; the degree of violence in homicide; motives; the interpersonal relationship between victim and offender; homicide occurring during the commission of another felony; victim-precipitated homicide; homicide-suicide; unsolved homicide; the tempo of legal procedure; court disposition; and insanity as a factor in homicide. The broad range of material examined in this volume makes it one of the most comprehensive studies undertaken in recent years. Although dealing basically with records of homicide accumulated in Philadelphia, Patterns in Criminal Homicide has implications that hold true for every large urban community. It is a work of utmost importance to the student of sociology because of its general sociological perspective; to all students of criminology; to the police, especially the homicide division of any police department; to law students, lawyers, and judges; and to those agencies in the community concerned with the control and prevention of violent crime.
Judging Evil
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Author : Samuel H. Pillsbury
language : en
Publisher: NYU Press
Release Date : 2000-07-01
Judging Evil written by Samuel H. Pillsbury and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-01 with Law categories.
Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. Using real case examples, he offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.