UID:
almahu_9949865934902882
Format:
1 online resource
Edition:
1st
ISBN:
9781351016292
,
1351016296
,
9781351016308
,
135101630X
,
9781351016285
,
1351016288
,
9781351016315
,
1351016318
Series Statement:
Substantive issues in criminal law
Content:
This volume presents a leading contribution to the substantive arena relating to homicide inthe 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.
Note:
Cover; Half Title; Title Page; Copyright Page; Table of Contents; List of contributors; Preface; Introduction; Part 1; 1 The mandatory sentence and the case for second degree murder; Introduction; Overview: how problems may arise; Second degree murder and law reform in Victorian England; The Committee of 1866: extenuating circumstances and beyond; The Committee of 1866 and second degree murder; Conclusion; 2 Killings short of murder: Examining culpable homicide in Scots law; Introduction; Defining culpable homicide in Scots law; Involuntary culpable homicide; Conclusion.
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3 Reforming English homicide law: Fair labelling questions and comparative answers1. Introduction; 2. Murder and involuntary manslaughter: fair labelling priorities; 3. Murder and involuntary manslaughter; 4. Conclusion; 4 The current state of murder in English law: A critique, wrong turns and all; Introduction; The penal consequences of murder; The conditions of liability for murder; Reform; 5 'Loss of self-control': The cultural lag of sexual infidelity and the transformative promise of the fear defence; Introduction; Relevances; women who kill; Permissible male maelstrom of anger.
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Permission for angerlearnt behaviourism; The problem of loss of control triggered by fear; Conclusion; What is to be done now?; 6 Diminished responsibility: A limited partial defence to murder; Overview; History; The former aetiologies of diminished responsibility; Developmental immaturity; Does the partial defence embody; moral responsibility'?; Recognised medical condition; The defendant's ability to understand the; nature of D's conduct': section 2(1A)(a); Ability to form a rational judgment: section 2(1A)(b); Ability to exercise self-control: section 2(1A)(c); Impairment must be.
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Substantial'The defendant's abnormality as an; explanation' and; cause' of the killing; Diminished responsibility, discretion and the; benign conspiracy'; Expert testimony on a plea of diminished responsibility; Concluding remarks; 7 Causing death; Introduction; Murder; Constructive homicide: manslaughter and causing death by driving; Constructive manslaughter; Causing death by driving; Gross negligence manslaughter; Towards rationality in causation in homicide; Conclusion; 8 The termination of pregnancy and the criminal law; Introduction; The legal status of the foetus in criminal law.
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The use of criminal law in relation to terminationThe traditional approach to moral status; Personhood at or close to birth and beyond; Personhood at conception; Developing a new approach; Applying a relational approach to termination of pregnancies; Conclusion; 9 Homicide and the vulnerable subject of criminal law; Introduction; The concept of vulnerability; Hard cases'; Concluding remarks and reform161; 10 Recording murder: videos depicting homicide and the law; Introduction; Non-terrorist killings; Terrorist killings; Should murder videos be the subject of criminal law?; Conclusion; Part 2.
Additional Edition:
Print version ISBN 9781138498419
Language:
English
DOI:
10.4324/9781351016315
URL:
https://www.taylorfrancis.com/books/9781351016315
URL:
https://www.taylorfrancis.com/books/9781351016315
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