Download or read book Homicide Law in Comparative Perspective written by Jeremy Horder and published by Bloomsbury Publishing. This book was released on 2007-12-10 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Loss of Control and Diminished Responsibility written by Professor Alan Reed and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Homicide and the Politics of Law Reform written by Jeremy Horder and published by OUP Oxford. This book was released on 2012-07-12 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Homicide Law Reform Gender and the Provocation Defence written by Kate Fitz-Gibbon and published by Springer. This book was released on 2014-09-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Download or read book Victims Rights and Victims Wrongs written by Vera Bergelson and published by Stanford University Press. This book was released on 2009-08-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Download or read book Criminal Liability for Non Aggressive Death written by Sally Cunningham and published by Routledge. This book was released on 2016-05-13 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ashworth s Principles of Criminal Law written by Jeremy Horder and published by Oxford University Press, USA. This book was released on 2019 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Download or read book Practical Global Criminal Procedure written by Aya Gruber and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Global Criminal Procedure contextualizes criminal procedural law by analyzing police investigation in a homicide case under the law of the United States, Argentina, and the Netherlands. The book discusses the fictional case of Nico Jansen, an 18-year-old high school student who, after a series of events, is charged with murder. The initial police investigation of Nico and his co-defendant becomes the vehicle for an in-depth examination of seizures, searches, interrogations, identifications, and remedies for procedural violations under the law of each country. This book is designed as a student reader, and it can be used to provide a comparative experience to students in a basic criminal procedure course, to supplement a comparative law survey course, or to serve as primary text in a comparative criminal procedure course. The initial chapters provide a basic overview of life, crime, the legal system, and the criminal system in each country, and sets forth the facts of Nico''s case. The remaining chapters discuss the relevant criminal procedural law in each country and apply that law to the specific circumstances of Nico''s case. Comparison charts appear at the end of each substantive chapter to highlight and summarize the similarities and differences between each country''s laws. This book is part of the Contextual Approach Series, edited by Andrew J. McClurg, Professor and Herff Chair of Excellence in Law, The University of Memphis Cecil C. Humphreys School of Law. "This is comparative law as we dreamed it could be. The authors meticulously take us through the ins and outs of criminal procedure in three different countries. They provide the detail and continuity largely missing from individual works of comparative law, consisting only of disconnected snapshots of a foreign legal regime. From the comprehensive perspective of this work, and the clear collaboration among all three authors, the reader is offered a coherent comparative account of the detailed workings of the criminal justice systems in the U.S., Argentina, and the Netherlands." --Jorge Esquirol, Professor of Law, Florida International University College of Law "Because it uses a single hypothetical case as a springboard, this casebook allows students to compare in a rich factual context the nuances of the law regulating searches and seizures, interrogation, and identification in the United States, Argentina and the Netherlands. The three authors, each experts about their own countries, provide a compact, yet informed and comprehensive account of the fundamental differences between the investigative phases of these three archetypical criminal justice systems." --Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School "This book is an extremely useful introduction to comparative criminal procedure. It takes a rather complicated murder case and shows readers how the case with its pretrial issues including search issues, issues surrounding the questioning of suspects, and identification issues would be resolved under the law in three very different legal systems. It will prove an excellent teaching tool for law students in comparative law courses, but because it is such a readable book, it will also serve as an excellent resource for anyone interested in understanding different legal cultures." --William Pizzi, Professor Emeritus, University of Colorado Law School "Practical Global Criminal Procedure is a great resource and teaching tool. It offers readers the opportunity to challenge unknowing assumptions they have about criminal investigation and prosecution in different legal systems. The comparison between U.S., Argentine, and Netherlands law permits the authors to offer insight into contrasting perspectives on criminal law and criminal investigation: common law versus civil law frameworks, adversarial versus inquisitive processes, the judge as a neutral party versus the judge as a director of the case, and all points in between. The comparison also allows the reader to consider, in the case of The Netherlands, the overlay of a strong regional international human rights tradition. All of this is accomplished by following a single factual scenario through investigation, arrest, and trial. The reader is left with a deeper understanding of the law in these three jurisdictions, as well as an appreciation of not only how to undertake a comparative analysis of the law, but why more of us should do so." --Marcella David, Professor of Law & International Studies, Associate Dean for International & Comparative Law, University of Iowa College of Law
Download or read book Criminal Law Directions written by Nicola Monaghan and published by . This book was released on 2020 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do your students understand the difference between murder and manslaughter? Are they confused by the concept of mens rea and accessorial liability? Criminal Law Directions tackles these and many more questions, introducing students to this exciting area of law. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: DT Gain a complete understanding of the topic: just the right amount of detail conveyed clearly DT Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear DT Identify when and how to critically evaluate the law: they'll be introduced to the key areas of debate and given the confidence to question the law DT Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence DT Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further An extensive selection of online resources accompany this text, including: DT Multiple choice questions DT Flashcard glossary DT Guidance on answering the end of chapter exam questions . Guidance on answering the end of chapter self-test questions Additional lecturer resources include: DT Diagrams from the text DT A test bank of further multiple choice questions
Download or read book Crime without Punishment written by Lawrence M. Friedman and published by Cambridge University Press. This book was released on 2018-05-31 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.
Download or read book Handbook on Crime written by Fiona Brookman and published by Routledge. This book was released on 2010-02 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive edited volume contains analysis and explanation of the nature, extent, patterns and causes of over 40 different forms of crime, in each case drawing attention to key contemporary debates and social and criminal justice responses.
Download or read book Homicide Gender and Responsibility written by Kate Fitz-Gibbon and published by Routledge. This book was released on 2016-03-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime of homicide has long animated academic debate, community concern and political attention. The discussion has often centered on the perceived (in)adequacy of legal responses to homicide, questions of culpability, and divergent representations of victims and offenders. Within this, notions of gender, responsibility and justice are pivotal. This edited collection builds on existing scholarship by examining these concerns not only in the context of the ‘private’ world of domestic murder but also in the more ‘public’ world of the state, the corporation, war, and genocide. In so doing this book draws from key frameworks of criminological thought, legal analysis and empirical evidence to critically examine the relationship between homicide, gender and responsibility. Bringing together leading international criminology and legal scholars, this collection provides a unique contribution to the academic and policy engagement with what is, more often than not, an ordinary and mundane crime. Analysing the crime in a variety of different social contexts alongside an in-depth and critical analysis of the interconnections between the ordinary act of lethal violence, gender and notions of responsibility, this book will be of interest to students, scholars and policymakers working in criminology and socio-legal studies.
Download or read book Studies in Roman Law with Comparative Views of the Laws of France England and Scotland written by Thomas Mackenzie (Lord Mackenzie.) and published by . This book was released on 1876 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishment written by Terance D. Miethe and published by Cambridge University Press. This book was released on 2005 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book examines punishment in different forms, including corporal and economic punishment.
Download or read book Smith Hogan and Ormerod s Criminal Law written by David Ormerod and published by Oxford University Press. This book was released on 2021 with total page 1223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. The book owes its consistent popularity to its depth of analysis, breadth of coverage, and accessible style. Over fifty years since the publication of the first edition, Professor David Ormerod and Karl Laird continue the tradition set down by Professors Sir John Smith and Brian Hogan by producing a textbook of unrivalled quality. The text continues to be an invaluable resource for undergraduate students and an essential reference source for criminal law practitioners. Digital formats and resources The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompany this text, including: - A selection of additional online chapters - A full bibliography arranged alphabetically and by chapter - Annual updates
Download or read book Gender Homicide and the Politics of Responsibility written by Ashlee Gore and published by Routledge. This book was released on 2021-09-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender, Homicide, and the Politics of Responsibility explores the competing and contradictory understandings of violence against women and men’s responsibility. It situates these within the personal and political intersections of neoliberal and ‘postfeminist’ imperatives of individualisation, choice, and empowerment. As violence against women has become a national and international policy priority, feminist concerns about violence against women, and men’s responsibility, have entered the mainstream only to be articulated in politically contradictory ways. This book explores themes of responsibility for violence, and the social and legal consequences that men and women uniquely or differently encounter. By drawing on high-profile cases of homicide, an extensive literature on feminist perspectives on violence, and compelling focus group discussions, the book examines the politicised claims regarding the ‘responsibility’ of men and women as both victims and offenders in intimate relationships. Deploying a range of interdisciplinary approaches, it utilises a blend of cultural theory and psychosocial analysis to offer an account of the infiltration of postfeminist and neoliberal sensibilities of individualism and responsibilisation in the social, legal, and interpersonal imaginary. The book makes contributions to several fields, such as the current public policy initiatives to hold men accountable for violence against women; understanding public attitudes to violence against women; and contextualising the challenges faced by a number of feminist reforms that seek to address these issues. An accessible and compelling read, Gender, Homicide, and the Politics of Responsibility will appeal to students and scholars of criminology, sociology, gender studies and those interested in understanding the debates surrounding violence against women, violence by women, and the social construction of responsibility and responsibilisation.
Download or read book Criminal Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2018 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jonathan Herring's unique and bestselling approach of separating out the doctrinal and theoretical aspects of the law, alongside expertly selected extracts, makes this book enduringly popular with students and teachers.
