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Homicide in Criminal Law by Alan Reed,Michael Bohlander Pdf
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.
Survived by One by Robert E. Hanlon,Thomas V Odle Pdf
On November 8, 1985, 18-year-old Tom Odle brutally murdered his parents and three siblings in the small southern Illinois town of Mount Vernon, sending shockwaves throughout the nation. The murder of the Odle family remains one of the most horrific family mass murders in U.S. history. Odle was sentenced to death and, after seventeen years on death row, expected a lethal injection to end his life. However, Illinois governor George Ryan’s moratorium on the death penalty in 2000, and later commutation of all death sentences in 2003, changed Odle’s sentence to natural life. The commutation of his death sentence was an epiphany for Odle. Prior to the commutation of his death sentence, Odle lived in denial, repressing any feelings about his family and his horrible crime. Following the commutation and the removal of the weight of eventual execution associated with his death sentence, he was confronted with an unfamiliar reality. A future. As a result, he realized that he needed to understand why he murdered his family. He reached out to Dr. Robert Hanlon, a neuropsychologist who had examined him in the past. Dr. Hanlon engaged Odle in a therapeutic process of introspection and self-reflection, which became the basis of their collaboration on this book. Hanlon tells a gripping story of Odle’s life as an abused child, the life experiences that formed his personality, and his tragic homicidal escalation to mass murder, seamlessly weaving into the narrative Odle’s unadorned reflections of his childhood, finding a new family on death row, and his belief in the powers of redemption. As our nation attempts to understand the continual mass murders occurring in the U.S., Survived by One sheds some light on the psychological aspects of why and how such acts of extreme carnage may occur. However, Survived by One offers a never-been-told perspective from the mass murderer himself, as he searches for the answers concurrently being asked by the nation and the world.
Forms of Murder Codified in Criminal Law by Marko Nikolic? Pdf
Since the world's first Codes mankind (or the then rulers) is trying to separate, and then devise a punishment for losing one's life in someone else's fault. Even the most famous and best preserved ancient Mesopotamia Code that was found in 1902 in the Iranian city of Susa contains significant parts relating to these offenses. A long way was waiting until today's modern laws in all their complexity.Homicide offenses range from those related to negligent conduct, as in criminally negligent homicide, to heinous intent murders, like capital murder. One of the highest categories of homicide is felony murder; next to capital murder, most states consider this the most severe degrees of murder. The US federal felony-murder statute requires the government to prove that a murder occurred and then calls for a determination of the degree of the murder for sentencing purposes. The government must prove beyond a reasonable doubt that the defendant acted with "malice aforethought" in order to obtain a conviction. The felony-murder statute is not, however, the only federal statute that seeks to punish a defendant for a felony-related death. These are the questions we are starting our book with. Homicide is the killing of one person by another. Every state has some type of homicide statute, but the concept behind the homicide charge evolved from common law principles. Under common law, homicide is classified in three ways including justifiable homicide, excusable homicide, and criminal homicide. Murder is a homicide crime defined as the intentional killing of one human being by another with malice aforethought. Malice aforethought is a state of mind, or intent, requirement that makes a homicide a murder. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter.Involuntary manslaughter is defined as the unlawful killing of a human being without malice aforethought. In order to be involuntary manslaughter, the killing must have been unintentional. Different states have different definitions of or requirements for involuntary manslaughterThe phrase "degrees of murder" refers to the intent or severity of a particular murder charge. Some states define their degrees of murder numerically. Common degrees of murder include first degree murder and second degree murder. Other states place specific labels on their murder offenses, such as capital murder, murder, and justifiable homicide. Despite the label of the degree of murder, the idea is to gradually increase the punishment with the degree. The more egregious the killing, or the motive behind a killing, then the higher the degree of punishment for that type of murder charge.The Castle Doctrine is a self-defense theory which gives a homeowner the right to protect his home with the use of deadly force. The Castle Doctrine originally emerged as a common law theory. And the editors felt theneed to mention this doctrine separately.Homicide is a leading cause of childhood death in the developed world, and Most child victims of homicide are killed by a parent or step-parent and what is the role of mental illnes in those cases. This will be dealt with in chapter five. The following chapter will mention the topic of gun violence as an ongoing problem in the United States of America and the relationship between the legal availability of guns and the firearm-related homicide rate.External causes of death comprise a heterogeneous collection of events including the three major categories of suicide, homicide, and accidental death. These causes of death represent a significant proportion of potentially preventable mortality in the United States. Risk factors associated with external causes of death have been limited in the number of covariates investigated and external causes examined in chapter seven.Homicides refer to interpersonal violence. Civilian and military deaths during interstate wars, civil wars and genocides are not counted as homicides. Mid 19th century, technologies that we take for granted today had not yet been discovered or widely used in solving crime. Innovations like fingerprinting, ballistics, hair and fiber analysis, and blood evidence had not yet been developed, and crimes were solved quickly or not at all. We rememeber that time in chapter 9. In chapter 10 we explore whether or not contagion is evident in more high-profile incidents, such as school shootings and mass killings (incidents with four or more people killed).We will contine with the questions of penalty and punishment untill we reach the very end of this edition where we take on the psyhological aspect of pre murderous kindness and postmurder grief of the perpetrator themselves.
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.
The book “Criminal Law: Homicide” deals specifically on homicide as a subject in criminal law. With the book, I carefully carved homicide law out of criminal law by focusing on court cases dealing with homicide and by asking thought-provoking questions that provide better understanding and knowledge of the crime of homicide as a branch of criminal law.
The book unravels the mysteries of the criminal justice system, explaining how and why we sentence offenders; the reasons behind the system's technicalities, which can benefit the guilty; and why the system is miserly on victims' rights. It points out where we err, particularly with the parole system. Each chapter starts with a murder docudrama.
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.
In A Question of Intent, Jennifer M. Neighbors unpacks the complicated late imperial homicide continuum and its Republican-era counterpart, revealing a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law.
Lacey, Wells and Quick Reconstructing Criminal Law by Celia Wells,Oliver Quick Pdf
Since the publication of the first edition, this textbook has offered one of the most distinctive and innovative approaches to the study of criminal law. Looking at both traditional and emerging areas, such as public order offences and corporate manslaughter, it offers a broad and thorough perspective on the subject. Material is organised thematically and is clearly signposted at the beginning of each section to allow the student to navigate successfully through the different fields. This fourth edition looks at topical issues such as policing, the Serious Crime Act 2007, and reform of the Fraud Act 2006. Relevant case law and extracts from the most topical and engaging debates on the subject give the subject immediacy. The book is essential for both undergraduate and postgraduate study of criminal law and justice.
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.
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.
The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.
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.
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.