Download or read book Exploring the Mandatory Life Sentence for Murder written by Barry Mitchell and published by Bloomsbury Publishing. This book was released on 2012-10-19 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Murder is often regarded as both the 'ultimate' and a unique crime, and whereas courts are normally given discretion in sentencing offenders, for murder the sentence is mandatory – indeterminate imprisonment. Since the crime and the punishment come as a 'package deal' this book looks at both the legal nature of the offence and at the current operation of the mandatory life sentence. Not only does the book adopt a critical approach, by assessing the strengths and weaknesses of the status quo, it also draws upon comparative material from both common and civil law jurisdictions in an attempt to provide a comprehensive exploration of these issues. The need for public confidence in the criminal justice system is particularly acute in the way it deals with the most serious homicides. In this book the authors report findings from the first systematic exploration of public attitudes to sentencing murder in this or any other common law jurisdiction. The picture of public opinion emerging from this recent large-scale nationwide qualitative and quantitative survey, funded by the Nuffield Foundation, is likely to surprise many, and will be of interest to all jurisdictions where the mandatory life sentence for murder has been questioned.
Download or read book Exploring the Mandatory Life Sentence for Murder written by Barry Mitchell and published by Bloomsbury Publishing. This book was released on 2012-10-19 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Murder is often regarded as both the 'ultimate' and a unique crime, and whereas courts are normally given discretion in sentencing offenders, for murder the sentence is mandatory – indeterminate imprisonment. Since the crime and the punishment come as a 'package deal' this book looks at both the legal nature of the offence and at the current operation of the mandatory life sentence. Not only does the book adopt a critical approach, by assessing the strengths and weaknesses of the status quo, it also draws upon comparative material from both common and civil law jurisdictions in an attempt to provide a comprehensive exploration of these issues. The need for public confidence in the criminal justice system is particularly acute in the way it deals with the most serious homicides. In this book the authors report findings from the first systematic exploration of public attitudes to sentencing murder in this or any other common law jurisdiction. The picture of public opinion emerging from this recent large-scale nationwide qualitative and quantitative survey, funded by the Nuffield Foundation, is likely to surprise many, and will be of interest to all jurisdictions where the mandatory life sentence for murder has been questioned.
Download or read book The Global Decline of the Mandatory Death Penalty written by Andrew Novak and published by Routledge. This book was released on 2016-03-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
Download or read book Life After Murder written by Nancy Mullane and published by Public Affairs. This book was released on 2012-06-26 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: An award-winning journalist and producer of This American Life traces the stories of five convicted murderers to assess their struggles for redemption, efforts toward parole and first steps in transitioning back to civilian life. 25,000 first printing.
Download or read book Public Opinion and the Penalty for Murder written by Homicide Review Advisory Group (HOMRAG) and published by Waterside Press. This book was released on 2011-12-08 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Homicide Review Advisory Group (HomRAG) was set up in 2004 to run alongside the work of the Law Commission which was reviewing aspects of the law on murder. This multidisciplinary group was convened on the initiative of Sir Louis Blom-Cooper QC and Professor Terence Morris; and was initially chaired by the late Very Reverend Colin Slee, Dean of Southwark and now by Sir Louis. In essence, the group is concerned with promoting a just law of murder. As part of this aim and in view of developments in Parliament in late-2011 and continuing into 2012 concerning sentencing and the use of mandatory sentences in particular, HomRAG has published its first report for consideration by law-makers and other interested parties. Harking back to the abolition of capital punishment, the group argue that the mandatory life sentence for murder is both unjust and outdated; a compromise arrived at in the 1960s in order to ensure that abolition of the death penalty made its way through both Houses of Parliament. Neither it nor the present system of tariff-setting allow for sentences which match the seriousness of individual crimes, so that, e.g. a single 'mercy killing' attracts the same penalty as that for a murder which is part of a course of serial killings. Further, the indefinite and misleading nature of the life sentence - which may or may not involve a life spent in prison - is both unjust and incomprehensible to even better-informed lay people. Building on modern research which shows that the public and public opinion are nowadays by no means averse to such a change, the report urges that the time has come for a move to fixed sentences for murder as with any other individual crime so that the exact circumstances of offences can be properly reflected by the courts.
Download or read book Partial Defences to Murder written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from an earlier consultation paper by the Law Commission (Consultation paper 173, ISBN 0117302597) published in October 2003, this report makes recommendations on the law and practice of the partial defences to murder of diminished responsibility and provocation, as covered by the Homicide Act 1957, with particular regard to domestic violence situations. It also considers whether there should be a partial defence to murder in cases involving the use of excessive force in self-defence. Appendices include sections detailing: research into the ways in which the law of provocation and diminished responsibility are working; a brief empirical survey of public opinion relating to partial defences to murder; a synopsis of sample cases of female defendants convicted of murder; and a sociological history of provocation and diminished responsibility.
Download or read book The Death Penalty written by Roger Hood and published by OUP Oxford. This book was released on 2015-01-08 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Download or read book Encyclopedia of American Civil Liberties written by Paul Finkelman and published by Routledge. This book was released on 2021-02-25 with total page 2570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Download or read book Fine Lines and Distinctions written by Terrence Morris and published by Waterside Press. This book was released on 2011-06-20 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Hooked Up for Murder written by Robert Mladinlch and published by Kensington Books. This book was released on 2007 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this shocking true account, Mark Fisher, a nineteen-year-old college student and star football player, unaware of the dark side of New York City night life, attends a party with an attractive stranger, which leads to his brutal murder at the hands of a group of wannabe gangsters. Original.
Download or read book Death Penalty on Trial written by Gary P. Gershman and published by Bloomsbury Publishing USA. This book was released on 2005-04-19 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive survey of the pros and cons, evolution, and current issues surrounding one of the hottest topics in today's social debates. Death Penalty on Trial: A Handbook with Cases, Laws, and Documents sifts through the rhetoric, politics, and emotion that characterize one of the most highly discussed, yet least understood issues facing the United States today. Placing the death penalty in a historical perspective with an emphasis on the last 50 years, this case-driven volume explains the legal theory that has perpetuated it and the judicial reasoning, both pro and con, behind such landmark Supreme Court cases as Furman v. Georgia and The United States of America v. Alan Quinones. From the first Massachusetts Bay Colony execution and the inventions of the electric chair and gas chamber to DNA testing of inmates, readers will learn how and why capital punishment continues to be so controversial.
Download or read book Confronting Capital Punishment in Asia written by Roger Hood and published by OUP Oxford. This book was released on 2013-11-07 with total page 1282 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the strengthening focus worldwide on human rights, there has been a rapid increase in recent years in the number of countries that have completely abolished the death penalty. This is in recognition that it is a violation of the right to life and the right to be free from cruel, inhuman and degrading punishment. There has, simultaneously, been pressure on countries that still retain capital punishment to ensure that they at least apply the United Nations minimum human rights safeguards established to protect the rights of those facing the death penalty. This book shows that the majority of Asian countries have been particularly resistant to the abolitionist movement and tardy in accepting their responsibility to uphold the safeguards. The essays contained in this volume provide an in-depth analysis of changes in the scope and application of the death penalty in Asia with a focus on China, India, Japan, and Singapore. They explain the extent to which these nations still fail to accept capital punishment as a human rights issue, identify impediments to reform, and explore the prospects that Asian countries will eventually embrace the goal of worldwide abolition of capital punishment.
Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time. In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place. While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
Download or read book The Death Penalty s Denial of Fundamental Human Rights written by John Bessler and published by Cambridge University Press. This book was released on 2022-12-31 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details how capital punishment violates universal human rights and traces the evolution of the world's understanding of torture.
Download or read book Imposition of Capital Punishment written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and published by . This book was released on 1973 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Smith Hogan and Ormerod s Essentials of Criminal Law written by John Child and published by Oxford University Press. This book was released on 2023-07-12 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your gateway to criminal law: drawing on the exceptional clarity and authority of Smith and Hogan, with a wealth of unique supportive learning features and guidance on assessment. Smith, Hogan, & Ormerod's Essentials of Criminal Law takes students to the heart of this fascinating subject, providing focused, expert coverage alongside a wealth of student-friendly learning features to aid study. This is the perfect gateway into criminal law. - Combines the authority you would expect from a Smith, Hogan, and Ormerod title with numerous supportive learning features and an eye on developing analytical and assessment skills- The text offers a thorough, accessible, and unique introduction to criminal law for the student reader- Numerous learning features across the text highlight key cases, sources for extra reading, assessment advice, and flag common areas of confusion to avoid- Each chapter includes a section on reform including noted academic criticism of the law, furthering students' analytical understandingDigital formats and resources The fifth 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 self-test questions, videos, animated diagrams, audio introductions, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Download or read book Military Law Review written by and published by . This book was released on with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
