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Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.F/5 ( download)
Download or read book Partial Defences to Murder written by New South Wales. Law Reform Commission and published by . This book was released on 1997 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain. Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780101630122
Total Pages : 324 pages
Book Rating : 4.6/5 (31 download)
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.
Author : Sam Indyk
Publisher :
ISBN 13 : 9780731356140
Total Pages : 91 pages
Book Rating : 4.3/5 (561 download)
Download or read book Partial Defences to Murder in New South Wales written by Sam Indyk and published by . This book was released on 2006 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Judicial Commission of New South Wales
Publisher :
ISBN 13 : 9780731356133
Total Pages : pages
Book Rating : 4.3/5 (561 download)
Download or read book Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.F/5 ( download)
Download or read book Provocation, Diminished Responsibility and Infanticide written by New South Wales. Law Reform Commission and published by . This book was released on 1993 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780117302648
Total Pages : 356 pages
Book Rating : 4.3/5 (26 download)
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.
Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 : 9780731310111
Total Pages : 110 pages
Book Rating : 4.3/5 (11 download)
Download or read book Partial Defences to Murder written by New South Wales. Law Reform Commission and published by . This book was released on 1997 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kate Fitz-Gibbon
Publisher : Springer
ISBN 13 : 113735755X
Total Pages : 322 pages
Book Rating : 4.1/5 (373 download)
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.
Author : Professor Alan Reed
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497828
Total Pages : 411 pages
Book Rating : 4.4/5 (94 download)
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.
Author : Kate Esther Fitz-Gibbon
Publisher :
ISBN 13 :
Total Pages : 616 pages
Book Rating : 4.:/5 (11 download)
Download or read book The Aftermath of Provocation written by Kate Esther Fitz-Gibbon and published by . This book was released on 2012 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among criminological scholars and legal stakeholders in Australia and the United Kingdom. In response to these debates, criminal jurisdictions have conducted reviews of the partial defences to murder and implemented reforms targeted at reducing gender bias in the law which has played out through the operation of the partial defence of provocation. This research examines the different approaches taken to addressing the problem posed by provocation in Victoria, New South Wales and England. In doing so, it explores questions around the need for reform to the law of homicide, the effects of these reforms in practice, and the influential role of sentencing in questions surrounding homicide law reform. Throughout the analysis key frameworks of criminological thought in relation to feminist engagements with the law, the conceptualisation of denial and the influence of law and order politics upon the development of criminal justice policy are applied. By drawing on 81 in-depth interviews conducted with legal stakeholders across the three jurisdictions under study, and an analysis of relevant case law, this research concludes that reforms implemented to counter gender bias in the operation of homicide law have produced mixed results in practice, particularly in connection to the law's response to three key categories of person in the courtroom: the jealous man, the female victim of homicide, and the battered woman.
Author : Alan Reed
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443875694
Total Pages : 450 pages
Book Rating : 4.4/5 (438 download)
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.
Author : Itzhak Kugler
Publisher : Routledge
ISBN 13 : 1351943995
Total Pages : 461 pages
Book Rating : 4.3/5 (519 download)
Download or read book Direct and Oblique Intention in the Criminal Law written by Itzhak Kugler and published by Routledge. This book was released on 2017-07-28 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
Author : Steven Yannoulidis
Publisher : Routledge
ISBN 13 : 1317097300
Total Pages : 249 pages
Book Rating : 4.3/5 (17 download)
Download or read book Mental State Defences in Criminal Law written by Steven Yannoulidis and published by Routledge. This book was released on 2016-04-22 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.
Author : Alexandra Watkins
Publisher : BRILL
ISBN 13 : 9004299270
Total Pages : 244 pages
Book Rating : 4.0/5 (42 download)
Download or read book Problematic Identities in Women's Fiction of the Sri Lankan Diaspora written by Alexandra Watkins and published by BRILL. This book was released on 2015-06-02 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women novelists of the Sri Lankan diaspora make a significant contribution to the field of South Asian postcolonial studies. Their writing is critical and subversive, particularly concerned as it is with the problematic of identity. This book engages in insightful readings of nine novels by women writers of the Sri Lankan diaspora: Michelle de Kretser’s The Hamilton Case (2003); Yasmine Gooneratne’s A Change of Skies (1991), The Pleasures of Conquest (1996), and The Sweet and Simple Kind (2006); Chandani Lokugé’s If the Moon Smiled (2000) and Turtle Nest (2003); Karen Roberts’s July (2001); Roma Tearne’s Mosquito (2007); and V.V. Ganeshananthan’s Love Marriage (2008). These texts are set in Sri Lanka but also in contemporary Australia, England, Italy, Canada, and North America. They depict British colonialism, the Tamil–Sinhalese conflict, neocolonial touristic predation, and the double-consciousness of diaspora. Despite these different settings and preoccupations, however, this body of work reveals a consistent and vital concern with identity, as notably gendered and expressed through resonant images of mourning, melancholia, and other forms of psychic disturbance. This is a groundbreaking study of a neglected but powerful body of postcolonial fiction. “This is an excellent study that I believe makes a significant and timely contribution to the fields of postcolonial literature, Sri Lankan anglophone literature, diasporic literature, women’s studies, and world literature. It was a stimulating and thought-provoking read.” Dr Maryse Jayasuriya, The University of Texas at El Paso.
Author : Karen Brennan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509961658
Total Pages : 301 pages
Book Rating : 4.5/5 (99 download)
Download or read book 100 Years of the Infanticide Act written by Karen Brennan and published by Bloomsbury Publishing. This book was released on 2023-10-19 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive and detailed analysis of the Infanticide Act and its impact in England and Wales and around the world. It is 100 years since an Infanticide Act was first passed in England and Wales. The statute, re-enacted in 1938, allows for leniency to be given to women who kill their infants within the first year of life. This legislation is unique and controversial: it creates a specific offence and defence that is available only to women who kill their biological infants. Men and other carers are not able to avail of the special mitigation provided by the Act, nor are women who kill older children. The collection brings together leading experts in the field to offer important insights into the history of the law, how it works today, the impact and legacy of the statute and potential futures of infanticide laws around the world. Contributors consider the Act in practice in England and Wales, the ways it has been portrayed in the British media and justifications for and criticisms of the provision of special treatment for women who kill their infants within a year of birth. It also looks at the criminal justice responses to infanticide in other jurisdictions, such as Australia, Ireland, Sweden and the United States of America.
Author : T. Kirchengast
Publisher : Springer
ISBN 13 : 0230305563
Total Pages : 264 pages
Book Rating : 4.2/5 (33 download)
Download or read book The Criminal Trial in Law and Discourse written by T. Kirchengast and published by Springer. This book was released on 2010-10-13 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
Author : Danielle Tyson
Publisher : Routledge
ISBN 13 : 0415560179
Total Pages : 250 pages
Book Rating : 4.4/5 (155 download)
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.
