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Defensive Homicide
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Book Synopsis Homicide Law Reform, Gender and the Provocation Defence by : Kate Fitz-Gibbon
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.
Book Synopsis Permissible Killing by : Suzanne Uniacke
Download or read book Permissible Killing written by Suzanne Uniacke and published by Cambridge University Press. This book was released on 1994 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defence.
Book Synopsis Sex, Culpability, and the Defence of Provocation by : Danielle Tyson
Download or read book Sex, Culpability, and the Defence of Provocation written by Danielle Tyson and published by Routledge. This book was released on 2013 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the complex case law concerning the use of the provocation defence in cases of intimate killings, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of homicide.
Book Synopsis Australian Feminist Judgments by : Heather Douglas
Download or read book Australian Feminist Judgments written by Heather Douglas and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
Book Synopsis Contesting Femicide by : Adrian Howe
Download or read book Contesting Femicide written by Adrian Howe and published by Routledge. This book was released on 2018-09-03 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart’s innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women’s experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart’s own focal concerns, this book both honours and extends Smart’s work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law’s power to disqualify women’s experiences of violence while privileging men’s feelings and rights.
Download or read book Human Values written by D. Oderberg and published by Springer. This book was released on 2004-10-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the revival of natural law theory in modern moral philosophy has been an exciting and important development. Human Values brings together an international group of moral philosophers who in various respects share the aims and ideals of natural law ethics. In their diverse ways, these authors make distinctive and original contributions to the continuing project of developing natural law ethics as a comprehensive treatment of modern ethical theory and practice.
Book Synopsis Mental Condition Defences and the Criminal Justice System by : Alan Reed
Download or read book Mental Condition Defences and the Criminal Justice System written by Alan Reed and published by Cambridge Scholars Publishing. This book was released on 2015-02-27 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.
Download or read book Targeting Guns written by Gary Kleck and published by Routledge. This book was released on 2017-07-05 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new paperback comprehensively reviews the research evidence on the links between guns, violence, and gun control, and reports results of the author's own research as well. In Targeting Guns, Kleck follows the line of argument and careful statistical inference of his earlier prizewinning volume, Point Blank, while updating the literature reviews and statistical information, and adding two chapters.
Book Synopsis Research Handbook on Plea Bargaining and Criminal Justice by : Máximo Langer
Download or read book Research Handbook on Plea Bargaining and Criminal Justice written by Máximo Langer and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
Book Synopsis Homicide, Gender and Responsibility by : Kate Fitz-Gibbon
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 199 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.
Book Synopsis Mitigation and Aggravation at Sentencing by : Julian V. Roberts
Download or read book Mitigation and Aggravation at Sentencing written by Julian V. Roberts and published by Cambridge University Press. This book was released on 2011-08-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
Book Synopsis Gender, Truth and State Power by : Anette Ballinger
Download or read book Gender, Truth and State Power written by Anette Ballinger and published by Routledge. This book was released on 2016-07-01 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with critically analysing the importance of the status of knowledge in establishing ‘truth’ about female defendants convicted of murder during the 20th Century. While the abolition of the death penalty in the UK has insured that the impact of this knowledge is no longer one of life and death, modern cases such as that of Sally Clark, whose guilty verdict was eventually overturned, nevertheless demonstrate the devastating impact that those with the power to define the 'truth' still have on the lives of individuals who are unable to construct a dominant truth of their own during their trials. Using the key themes of truth, gender and power, the book also focuses on agency and rationality in relation to female criminality, masculinity and miscarriages of justice. Challenging official discourse which historically has incorporated entrenched constructions of women who kill as mad, bad or tragic victims, this book argues for the creation of new subject positions and alternative discourses within which female violence can be understood.
Book Synopsis Essentials of Law for Health Professionals - eBook by : Kim Forrester
Download or read book Essentials of Law for Health Professionals - eBook written by Kim Forrester and published by Elsevier Health Sciences. This book was released on 2014-11-20 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perfect for: - • Bachelor of Nursing students - • Diploma of Nursing students - • Bachelor of Midwifery students - • Bachelor of Paramedicine students - • Bachelor of Health science students - • Post graduate Nursing and Midwifery students Essentials of Law for Health Professionals 4e provides students with the information and knowledge necessary to make well-informed and considered decisions about their legal rights and obligations, and the legal rights and obligations of the patients and clients under their care. - • Introduces the fundamental concepts and frameworks of health law with clear examples - • Focuses on the importance of accurate records, patient confidentiality and the impact of medical negligence - • Provides an increased focus on ethical issues, particularly around refusal and/or withdrawal of treatment, guardianship and the manipulation of life - • Outlines the obligations and responsibilities in relation to medicines, mental health legislation, child and elder abuse, and explores the management of health complaints - • Highlights contemporary issues around National Registration requirements for health professionals. - • Revised chapters explaining the roles of government and legal professionals - • Chapter 12; Registration and Regulation of Health Professionals reflects the National registration requirements for health professionals - • Issues of euthanasia, assisted suicide, mental health, abuse and negligence have been enhanced.
Book Synopsis A New Homicide Act for England and Wales? by : Great Britain: Law Commission
Download or read book A New Homicide Act for England and Wales? written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-04-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Issues in Criminology and Criminal Justice Research: 2013 Edition by :
Download or read book Issues in Criminology and Criminal Justice Research: 2013 Edition written by and published by ScholarlyEditions. This book was released on 2013-05-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues in Criminology and Criminal Justice Research: 2013 Edition is a ScholarlyEditions™ book that delivers timely, authoritative, and comprehensive information about Criminology. The editors have built Issues in Criminology and Criminal Justice Research: 2013 Edition on the vast information databases of ScholarlyNews.™ You can expect the information about Criminology in this book to be deeper than what you can access anywhere else, as well as consistently reliable, authoritative, informed, and relevant. The content of Issues in Criminology and Criminal Justice Research: 2013 Edition has been produced by the world’s leading scientists, engineers, analysts, research institutions, and companies. All of the content is from peer-reviewed sources, and all of it is written, assembled, and edited by the editors at ScholarlyEditions™ and available exclusively from us. You now have a source you can cite with authority, confidence, and credibility. More information is available at http://www.ScholarlyEditions.com/.
Book Synopsis Gender, Homicide, and the Politics of Responsibility by : Ashlee Gore
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.
Book Synopsis Self, Others and the State by : Arlie Loughnan
Download or read book Self, Others and the State written by Arlie Loughnan and published by Cambridge University Press. This book was released on 2019-12-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis and in-depth historical examination of criminal responsibility in the context of Australian criminal law.
