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Child Homicide by Lita Linzer Schwartz,Natalie Isser Pdf
From governments that enact population-limiting legislation or commit wholesale neonaticide, to families who purposely allow a weak, infirm, or unfavorably gendered infant to perish rather than expend limited resources, neonaticide, infanticide, and filicide, are practiced on every continent and by every level of cultural complexity. Taking
Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.
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.
Criminal Liability for Non-Aggressive Death by Sally Cunningham Pdf
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.
Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.
Maternal infanticide, or the murder of a child in its first year of life by its mother, elicits sorrow, anger, horror, and outrage. But the perpetrator is often a victim, too. The editor of this revealing work asks us to reach beyond rage, stretch the limits of compassion, and enter the minds of mothers who kill their babies -- with the hope that advancing the knowledge base and stimulating inquiry in this neglected area of maternal-infant research will save young lives. Written to help remedy today's dearth of up-to-date, research-based literature, this unique volume brings together a multidisciplinary group of 17 experts -- scholars, clinicians, researchers, clinical and forensic psychiatrists, pediatric psychoanalysts, attorneys, and an epidemiologist -- who focus on the psychiatric perspective of this tragic cause of infant death. This comprehensive, practical work is organized into four parts for easy reference: Part I presents historical and epidemiological data, including a compelling discussion of the contrasting legal views of infanticide in the United States, United Kingdom, and other Western countries, a review of the latest statistics on maternal infanticide, and a discussion of the problems of underreporting and the lack of available documentation. Part II covers the psychiatric, psychological, cultural, and biological underpinnings of infanticide, detailing how to identify, evaluate, and treat postpartum psychiatric disorders. The authors explore clinical diagnosis, symptom recognition, risk factors, biological precipitants, and alternative motives, such as cultural infanticide. Chapter 3, developed to assist the attorney or mental health professional in understanding the implications of postpartum psychiatric illness as they relate to infanticide, presents a sensitive and thorough inquiry into infanticidal ideation. Part III focuses on contemporary legislation, criminal defenses, and disparate treatment in U.S. law and compares U.S. law with the U.K.'s model of probation and treatment. Chapter 8 is an especially useful resource for the attorney or expert psychiatric witness preparing for an infanticide/neonaticide case in the criminal court system. Part IV discusses clinical experience with mothers as perpetrators and countertransference in therapy, the range of mother-infant interactions (from healthy to pathological), and methods of early intervention and prevention. This balanced perspective on a highly emotional issue will find a wide audience among psychiatric and medical professionals (child, clinical, and forensic psychiatrists and psychologists; social workers; obstetricians/gynecologists and midwives; nurses; and pediatricians), legal professionals (judges, attorneys, law students), public health professionals, and interested laypersons.
Loss of Control and Diminished Responsibility by Alan Reed Pdf
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal 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.
Unwilling Mothers, Unwanted Babies by Kirsten Johnson Kramar Pdf
This book traces twentieth-century Canadian criminal justice responses to women who kill their newly born babies. Initially, juries were reluctant to convict these women of murder since it carried the death penalty. The current "infanticide" law was adopted in 1948 to impose uniformity on legal practice and to ensure a homicide conviction. Even then, prosecutors faced considerable difficulties, but now, amidst media pressure, and with public attitudes possibly hardening, there are calls for the repeal of the infanticide law and the adoption of a draconian framework to deal with these cases. Kirsten Kramar provides an interdisciplinary feminist approach to the study of infanticide law, examining and linking historical, sociological, and legal scholarship. She examines in detail the legislative history and infanticide case law, as well as the range of relevant medical discourses from the past 100 years. By doing this, she provides a more nuanced approach to the debates around the broader issues of the medicalization of women’s deviance – one that reveals some of the political dangers inherent in hasty critiques of infanticide law, and shows the value of careful interdisciplinary analysis for studies in the history of law and socio-legal relations. Drawing on a wide range of original data sources (provincial and federal indictment case files, coroner’s records, reported legal cases, Hansard Parliamentary Debates, official crime statistics, media reports, and expert medical texts), Kramar presents a detailed picture of the developments, revealing the often ironic consequences of attempts to rationalize this area of law. An established feminist critique of "infanticide" as an inappropriately medical concept is shown to have been largely unhelpful, misconstruing the phenomenon’s history and significance, and lending support to calls for a "get tough" approach Unwilling Mothers, Unwanted Babies makes an important contribution to the international literature on maternal neonaticide as well as the medicalization of deviance, and will be of interest to those working in law, sociology, criminology, women’s studies, and gender history.
Each year between 1,000 and 1,500 youngsters are arrested on charges of murder or manslaughter in the United States. This book examines the children behind the crimes, why they kill, and how the American legal system deals with juvenile killers.
Medieval and Early Modern Murder by Larissa Tracy Pdf
Drawing on a wealth of sources from different disciplines, the essays here provide a nuanced picture of how medieval and early modern societies viewed murder and dealth with murderers.