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A New Homicide Act for England and Wales? by Great Britain: Law Commission Pdf
This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006.
Fine Lines and Distinctions by Terrence Morris,Louis Blom-Cooper Pdf
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.
Cases and Materials on Criminal Law by Janet Dine,James Gobert,William Wilson Pdf
An array of carefully selected case report and academic article extracts combined with author commentary to provide a thorough and engaging assessment of criminal law provisions.
Homicide Law in Comparative Perspective by Jeremy Horder Pdf
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.
'Complete Criminal Law' provides a student-centred, straightforward approach to the criminal law LLB/CPE syllabus. It involves the student in an active approach to learning through the use of many learning features.
Janet (Former Senior Lecturer in Law Loveless, London Metropolitan University),Mischa (Associate Lecturer in Law Allen, The Open University),Mischa Allen,Janet Loveless,Caroline Derry,Caroline (Lecturer in Law Derry, The Open University)
Author : Janet (Former Senior Lecturer in Law Loveless, London Metropolitan University),Mischa (Associate Lecturer in Law Allen, The Open University),Mischa Allen,Janet Loveless,Caroline Derry,Caroline (Lecturer in Law Derry, The Open University) Publisher : Complete Page : 780 pages File Size : 47,7 Mb Release : 2020-05-04 Category : Criminal law ISBN : 9780198848462
Complete Criminal Law by Janet (Former Senior Lecturer in Law Loveless, London Metropolitan University),Mischa (Associate Lecturer in Law Allen, The Open University),Mischa Allen,Janet Loveless,Caroline Derry,Caroline (Lecturer in Law Derry, The Open University) Pdf
Complete Criminal Law provides students with choice extracts, supported by clear author commentary and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of criminal law.The Complete titles are ambitious in their scope; they have been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works,demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding.Online ResourcesThis book is accompanied by free-to-acess online resources for both students and lecturers.- Annual updates- Links to relevant websites- Answer guidance on problem questions and 'thinking points' from the text- Extra exam style questions with answers guidance- Test bank of 200 multiple choice questions- Additional information on drugs offences
Murder and Mayhem by David Nash,Anne-Marie Kilday Pdf
This introductory book offers a coherent history of twentieth century crime and the law in Britain, with chapters on topics ranging from homicide to racial hate crime, from incest to anarchism, from gangs to the death penalty. Pulling together a wide range of literature, David Nash and Anne-Marie Kilday reveal the evolution of attitudes towards criminality and the law over the course of the twentieth century. Highlighting important periods of change and development that have shaped the overall history of crime in Britain, the authors provide in-depth analysis and explanation of each theme. This is an ideal companion for undergraduate students taking courses on Crime in Britain, as well as a fascinating resource for scholars.
Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Homicide and the Politics of Law Reform by Jeremy Horder Pdf
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.
Author : Russell Heaton,Claire de Than Publisher : Oxford University Press, USA Page : 654 pages File Size : 46,5 Mb Release : 2010-10-28 Category : Law ISBN : 9780199234127
This is a comprehensive evaluation of criminal law which brings that area of law to life. Structured learning features are integrated throughout the chapters to help you engage with the subject and develop your knowledge further.
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.
