Defences To Crime

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 360 pages
File Size : 52,6 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317129554

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General Defences in Criminal Law by Alan Reed,Michael Bohlander Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 1018 pages
File Size : 44,9 Mb
Release : 1874
Category : Actions and defenses
ISBN : UOM:35112103603777

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Defences to Crime by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 946 pages
File Size : 52,9 Mb
Release : 1885
Category : Actions and defenses
ISBN : UOM:35112103603710

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Defences to Crime by Anonim Pdf

Author : Mark Dsouza
Publisher : Bloomsbury Publishing
Page : 327 pages
File Size : 54,6 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509902965

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Rationale-Based Defences in Criminal Law by Mark Dsouza Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 1088 pages
File Size : 43,8 Mb
Release : 1887
Category : Criminal law
ISBN : SRLF:AA0008208621

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Defences to Crime by Anonim Pdf

Author : Robert F. Schopp
Publisher : Cambridge University Press
Page : 224 pages
File Size : 47,6 Mb
Release : 1998-01-13
Category : Law
ISBN : 9780521622110

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Justification Defenses and Just Convictions by Robert F. Schopp Pdf

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.

Author : Alan Reed,Ben Livings,Chris Ashford
Publisher : Cambridge Scholars Publishing
Page : 450 pages
File Size : 42,8 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781443875691

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Mental Condition Defences and the Criminal Justice System by Alan Reed,Ben Livings,Chris Ashford Pdf

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.

Author : Desmond O'Connor,Paul A. Fairall
Publisher : Butterworth-Heinemann
Page : 368 pages
File Size : 41,5 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105060148553

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Criminal Defences by Desmond O'Connor,Paul A. Fairall Pdf

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.

Author : George Mousourakis
Publisher : Routledge
Page : 216 pages
File Size : 43,7 Mb
Release : 2018-12-17
Category : Law
ISBN : 9780429873577

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Criminal Responsibility and Partial Excuses by George Mousourakis Pdf

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.

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 41,5 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Author : Philip Michael Bolton
Publisher : Unknown
Page : 205 pages
File Size : 47,8 Mb
Release : 2016
Category : Defense (Criminal procedure)
ISBN : 0779873394

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Defending Drug Cases by Philip Michael Bolton Pdf

Author : Fiona Leverick
Publisher : OUP Oxford
Page : 248 pages
File Size : 54,9 Mb
Release : 2006-12-07
Category : Law
ISBN : 9780191566653

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Killing in Self-Defence by Fiona Leverick Pdf

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.

Author : Markus D Dubber,Tatjana Hörnle
Publisher : OUP Oxford
Page : 1100 pages
File Size : 46,5 Mb
Release : 2014-11-27
Category : Law
ISBN : 9780191654602

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The Oxford Handbook of Criminal Law by Markus D Dubber,Tatjana Hörnle Pdf

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Author : ALAN D. GOLD
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2020
Category : Electronic
ISBN : 043350580X

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PRACTITIONER'S CRIMINAL PRECEDENTS. by ALAN D. GOLD Pdf

Author : John Davison Lawson
Publisher : Unknown
Page : 1126 pages
File Size : 40,7 Mb
Release : 1885
Category : Actions and defenses
ISBN : STANFORD:36105061651563

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Defences to Crime: Special defences to crimes against the public by John Davison Lawson Pdf