Download or read book The Law of Intoxication written by Michael Dillon and published by . This book was released on 2015-03-31 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Intoxication: A Criminal Defence is a definitive treatise on intoxication as a criminal defence. This book exhaustively considers how a state of intoxication can provide a full defence to criminal offences. This book considers the law and the theory of a full defence of intoxication. Each chapter reveals significant case law, which has often been neglected, ignored or unnoticed. It takes a comparative approach by citing extensively from jurisdictions across the common law world including England and Wales, Scotland, Canada, USA, South Africa and New Zealand. It also considers the partial defence of voluntary intoxication. The author provides a theoretical analysis of the basis for the full defence and evaluates significant developments in this area. Unique * The very first stand alone publication that deals with how to use evidence of intoxication as a full defence. * Expands beyond road traffic offences to consider the effects of intoxication on all criminal offences including violent offences such as assault, murder, manslaughter. * Provides practitioners with a basis for considering a full defence of intoxication. From the foreword 'For the first time ever the topic has received the treatment which it deserves. Many, whether judge, lawyer, student or those working in related services, will be astonished as to how much there is to be said about the subject matter. It is with obvious certainty that one can say that the use of varying aspects of the underlying jurisprudence is likely to dramatically increase in the coming years and that judges will be heavily engaged with much debate on its finer points: whether by way of a direct defence, full or partial, or of indirect defence, as intoxication feeds into other legal disabilities such as automatism or insanity.' The Hon. Mr. Justice Liam McKechnie of The Supreme Court. Key features * Deals with prosecuting and defending intoxicated defendants and explores what defences are open to these defendants. * Analyses important Court of Criminal Appeal decisions which consider intoxication as a defence including The People (DPP) v Murphy [Unreported, Court of Criminal Appeal, 8 July 2003] and The People (DPP) v Reilly [2005] 3 IR 111. * Comprehensive cross-jurisdictional consideration of case law. * Considers interaction of intoxication as a defence with other mental condition defences including automatism and insanity. Contents * Intoxication by a Third Party * Intoxication by Spiking another Substance * Intoxication by Duress * Intoxication by Chemical Fumes * Intoxication by Accident or Mistake * Intoxication by Prescribed Medication * Intoxication by Unprescribed Medication * Intoxication by Physiological Condition * Intoxication by Psychological Condition * Intoxication by Addiction * The Level of Intoxication Required for a Defence * Strict Liability and Intoxication * Theoretical Basis for the Defence * Partial Defence of Voluntary Intoxication About the author Michael Dillon is a practising barrister with a particular interest in Criminal Law.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Download or read book Intoxication and Criminal Liability written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2009 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report address the issue of intoxication from alcohol or other drugs and its bearing on the criminal liability, if any, of a person charged with an offence, whether it is alleged that the defendent committed the offence or that he/she took a secondary role in the commission by assisting or encouraging a perpetrator. The focus, in particular, is the extent to which voluntary intoxication should be available to support a 'defence' based on absence of fault.
Download or read book Smith Hogan and Ormerod s Text Cases and Materials on Criminal Law written by David Ormerod and published by Oxford University Press. This book was released on 2017 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law is a thorough and accessible guide to criminal law, combining extracts from key cases and statutes, together with invaluable extracts from expert reports and articles. Ormerod and Laird expertly guide the reader through the various facets of the law while posing numerous questions for further investigation and reflection. The contents of the twelfth edition have been substantially revised and restructured to closely match the structure of contemporary courses. This new edition includes significantly more explanatory text and third-party critical commentary, ensuring that the book is suitable for use as a core textbook. This book provides the law student with everything they need to develop a thorough understanding of this fascinating subject. Online Resource Centre www.oxfordtextbooks.co.uk/orc/sho/ This book is accompanied by a selection of online resources, including detailed annual updates, useful web links, and outline answer guidance to selected in-text questions.
Download or read book Keller V United States of America written by and published by . This book was released on 1994 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Problem of Intoxication as a Defense to Crime written by Joint Committee on Continuing Legal Education (U.S.) and published by . This book was released on 1961 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Imperial Intoxication written by Gerard Sasges and published by University of Hawaii Press. This book was released on 2017-09-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making liquor isn’t rocket science: some raw materials, a stove, and a few jury-rigged pots are all that’s really needed. So when the colonial regime in turn-of-the-century French Indochina banned homemade rice liquor, replacing it with heavily taxed, tasteless alcohol from French-owned factories, widespread clandestine distilling was the inevitable result. The state’s deeply unpopular alcohol monopoly required extensive systems of surveillance and interdiction and the creation of an unwieldy bureaucracy that consumed much of the revenue it was supposed to collect. Yet despite its heavy economic and political costs, this unproductive policy endured for more than four decades, leaving a lasting mark on Indochinese society, economy, and politics. The alcohol monopoly in Indochina was part of larger economic and political processes unfolding across the globe. New research on fermentation and improved still design drove the capitalization and concentration of the distilling industry worldwide, while modernizing states with increasing capacities to define, tax, and police engaged in a never-ending search for revenue. Indochina’s alcohol regime thus arose from the same convergence of industrial potential and state power that produced everything from Russian vodka to blended Scotch whisky. Yet with rice liquor part of everyday life for millions of Indochinese, young and old, men and women, villagers and city-folk alike, in Indochina these global developments would be indelibly shaped by the colony’s particular geographies, histories, and people. Imperial Intoxication provides a unique window on Indochina between 1860 and 1939. It illuminates the contradictory mix of modern and archaic, power and impotence, civil bureaucracy and military occupation that characterized colonial rule. It highlights the role Indochinese played in shaping the monopoly, whether as reformers or factory workers, illegal distillers or the agents sent to arrest them. And it links these long-ago stories to global processes that continue to play out today.
Download or read book Alcohol and Crime written by Gavin Dingwall and published by Routledge. This book was released on 2013-07-23 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alcohol is massively associated with crime. Evidence from the British Medical Association found that alcohol use is associated with 60-70 per cent of murders, 70 per cent of stabbings, 50 per cent of fights or assaults in the home. For non-violent offences the association is very strong as well: 88 per cent of those arrested for criminal damage, 83 per cent for breach of the peace, 41 per cent for theft and 26 per cent for burglary, had drunk in the four hours prior to their arrest. At the same time there has been intense concern about public drunkenness in town and city centres, especially on the part of young people, and the cost and damage this causes. This book seeks to understand the nature of the connection between alcohol and crime, and the way the criminal justice system responds to the problem, providing a clear and accessible account and analysis of the subject. It draws upon a wide range of sources and research findings, and also sets the subject within a broader comparative context. It takes an interdisciplinary approach, and includes a sociological account of the role of alcohol in British society, a criminological analysis of the link between alcohol and crime and a philosophical consideration of individual responsibility for harm caused whilst intoxicated, and a legal analysis of different approaches that can be adopted as a response to alcohol-related offending.
Download or read book Reducing Underage Drinking written by Institute of Medicine and published by National Academies Press. This book was released on 2004-03-26 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alcohol use by young people is extremely dangerous - both to themselves and society at large. Underage alcohol use is associated with traffic fatalities, violence, unsafe sex, suicide, educational failure, and other problem behaviors that diminish the prospects of future success, as well as health risks â€" and the earlier teens start drinking, the greater the danger. Despite these serious concerns, the media continues to make drinking look attractive to youth, and it remains possible and even easy for teenagers to get access to alcohol. Why is this dangerous behavior so pervasive? What can be done to prevent it? What will work and who is responsible for making sure it happens? Reducing Underage Drinking addresses these questions and proposes a new way to combat underage alcohol use. It explores the ways in which may different individuals and groups contribute to the problem and how they can be enlisted to prevent it. Reducing Underage Drinking will serve as both a game plan and a call to arms for anyone with an investment in youth health and safety.
Download or read book Juveniles in Court written by Melissa Sickmund and published by . This book was released on 2003 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alcohol and Public Policy written by National Research Council and published by National Academies Press. This book was released on 1981-02-01 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sexual Assault and the Justice Gap A Question of Attitude written by Jennifer Temkin and published by Bloomsbury Publishing. This book was released on 2008-04-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault.
Download or read book Diseases of the Will written by Mariana Valverde and published by Cambridge University Press. This book was released on 1998-10-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: While associated with comfort and pleasure, alcohol has been and is a 'problem' substance, both for medical and political authorities and for many drinkers. In this broad-ranging and innovative historical-sociological investigation, Valverde explores the ways in which both authorities and individual consumers have defined and managed the pleasures and dangers of alcoholic beverages. The author explores the question of free will versus determinism and how it has been challenged by ideas about addiction, morality and psychology during the last 150 years. The book draws on sources from the US, UK, Canada and elsewhere, and covers topics including nineteenth century 'dipsomania', the history of inebriate homes, Alcoholics Anonymous, fetal alcohol education and liquor control. It will appeal to readers in legal studies, criminology, sociology, psychology, social theory and the history of medicine.
Download or read book The Criminal Law Review written by and published by . This book was released on 1986 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Paying the Tab written by Philip J. Cook and published by Princeton University Press. This book was released on 2011-06-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: What drug provides Americans with the greatest pleasure and the greatest pain? The answer, hands down, is alcohol. The pain comes not only from drunk driving and lost lives but also addiction, family strife, crime, violence, poor health, and squandered human potential. Young and old, drinkers and abstainers alike, all are affected. Every American is paying for alcohol abuse. Paying the Tab, the first comprehensive analysis of this complex policy issue, calls for broadening our approach to curbing destructive drinking. Over the last few decades, efforts to reduce the societal costs--curbing youth drinking and cracking down on drunk driving--have been somewhat effective, but woefully incomplete. In fact, American policymakers have ignored the influence of the supply side of the equation. Beer and liquor are far cheaper and more readily available today than in the 1950s and 1960s. Philip Cook's well-researched and engaging account chronicles the history of our attempts to "legislate morality," the overlooked lessons from Prohibition, and the rise of Alcoholics Anonymous. He provides a thorough account of the scientific evidence that has accumulated over the last twenty-five years of economic and public-health research, which demonstrates that higher alcohol excise taxes and other supply restrictions are effective and underutilized policy tools that can cut abuse while preserving the pleasures of moderate consumption. Paying the Tab makes a powerful case for a policy course correction. Alcohol is too cheap, and it's costing all of us.
Download or read book The Legal Defense of Pathological Intoxication written by Lawrence P. Tiffany and published by Praeger. This book was released on 1990-09-11 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drinking alcohol can, in rare instances, provoke a temporary psychotic often violent reaction called pathological intoxication. Although it was medically identified in 1869, pathological intoxication has been an enigma to the law for over a century, primarily because the actual medical and psychiatric aspects of the concept have not been adequately explained before. But, as the authors of this volume point out, it is crucial for the defense attorney and the prosecutor to understand whether pathological or ordinary intoxication is involved in a particular case because pathological intoxication furnishes the basis of important and perhaps decisive defense strategies beyond those which derive from ordinary intoxication. This interdisciplinary study provides the first in-depth exploration of both the medical and psychiatric facts underlying the phenomenon of pathological intoxication and explores the suitability of various defense theories. Written especially for practicing criminal defense lawyers, public defenders, prosecutors, and forensic psychiatrists, the volume begins by examining the clinical and experimental evidence of pathological intoxication. In subsequent chapters, the authors alert the attorney to the indications that a defendant should be examined for possible pathological intoxication and include hard-to-find medical sources of support for the concept to persuade courts and prosecutors of its legitimacy. A series of chapters thoroughly explores all the relevant legal defense strategies available in pathological intoxication cases including the defense of automatism, the law of insanity, involuntary intoxication, and diminished capacity and extreme mental and emotional disturbance. Throughout, the authors incorporate both domestic and foreign literature relating to pathological intoxication. The inclusion of ample case examples as well as a wealth of medical and psychiatric data make this book a major contribution to our understanding of both the phenomenon of pathological intoxication and its implications for legal defense strategy.
Download or read book Alcohol in America written by United States Department of Transportation and published by National Academies Press. This book was released on 1985-02-01 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alcohol is a killerâ€"1 of every 13 deaths in the United States is alcohol-related. In addition, 5 percent of the population consumes 50 percent of the alcohol. The authors take a close look at the problem in a "classy little study," as The Washington Post called this book. The Library Journal states, "...[T]his is one book that addresses solutions....And it's enjoyably readable....This is an excellent review for anyone in the alcoholism prevention business, and good background reading for the interested layperson." The Washington Post agrees: the book "...likely will wind up on the bookshelves of counselors, politicians, judges, medical professionals, and law enforcement officials throughout the country."
