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There has been a dearth of longitudinal attention to the prosecution of ‘road traffic deaths’ in Australia and worldwide, surprising given more than 50 million people have died or been killed to date. Globally, the ‘road toll’ is estimated at 1.35 million per year. Almost all of those deaths are attributable to some form of human error. A Lesser Species of Homicide examines the shifting nexus where human error, fault, act or omission meet the question of criminal liability. In the first study of its kind in the world, Kerry King examines how parliaments, prosecutors, police and the courts have responded to deaths occasioned by the use of motor vehicles from the mid-twentieth century to the present, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. She explores how our weddedness to the residual notion of ‘accident’, to speed, drink-driving, risk, masculinity and the broader driving culture, have intersected with the tenets of intention, negligence, dangerousness and carelessness to affect judgments about drivers’ conduct. Drawing on hundreds of cases, King carefully traces the construction of offences and case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties with prosecuting intoxicated drivers and, most importantly, trends in charging standards and sentencing. For rigour, one Australian jurisdiction, Western Australia, has been chosen as the site of inquiry, yet there is little evidence to suggest that the trends explored herein are peculiar or exceptional. The status quo elsewhere in Australia and overseas appears remarkably similar. A Lesser Species of Homicide seeks to explore how and why deaths on the road have been treated as a species apart.
The World Health Organisation estimates that 'road traffic deaths' currently run in the order of 1.35 million per year. The first study of its kind undertaken anywhere in the world, this book explores how the parliament, the criminal law and the courts responded to deaths occasioned by the use of motor vehicles over more than 70 years, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. It pays special attention to the construction, employ and sentencing of alternative driving-causing-death offences as against vehicular manslaughter, alongside shifting social attitudes about what constitutes culpable fault behind the wheel. Drawing on hundreds of cases, the book traces the development of the case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties associated with prosecuting drinking drivers, and, most importantly, trends in charging standards and sentencing. It seeks to explore why and how deaths on the road have been treated as a species apart.
Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Faced with the ceaseless stream of news about war, crime, and terrorism, one could easily think this is the most violent age ever seen. Yet as bestselling author Pinker shows in this startling and engaging new work, just the opposite is true.
A compelling, intimate history of the Revolutionary period through a series of charismatic and ambitious familes, revealing how the American Revolution was, in many ways, a civil war. “Posterity! You will never know, how much it cost the present Generation, to preserve your Freedom! —John Adams to Abigail Adams, 26 April 1777 All wars are tragic, but the "revolutionary generation" paid an exceptionally personal price. Foreign wars pull men from home to fight and die abroad leaving empty seats at the family table. But the ideological war that forms the foundation of a civil war also severs intimate family relationships and bonds of friendship in addition to the loss of live on the battle fields. In The Times That Try Men's Soul, Joyce Lee Malcolm masterfully traces the origins and experience of that division during the American Revolution—the growing political disagreements, the intransigence of colonial and government officials swelling into a flood of intolerance, intimidation and mob violence. In that tidal wave opportunities for reconciliation were lost. Those loyal to the royal government fled into exile and banishment, or stayed home to support British troops. Patriots risked everything in a fight they seemed destined to lose. Many people simply hoped against hope to get on with ordinary life in extraordinary times. The hidden cost of this war was families and dear friends split along party lines. Samuel Quincy, Josiah Quincy’s only surviving son, sailed to England, abandoning his father, wife, and three children. John Adam’s dearest friend, Jonathan Sewell, fled with his family to England after his home was stormed by a mob. Sewell’s sister-in-law was married to none other than John Hancock. James Otis’s beloved wife Ruth was a wealthy Tory. One daughter would marry a British Army captain and spend the rest of her life abroad while the other wed major general in the Continental Army. The pain of husbands divided from wives, fathers from children, sisters and brothers from each other and close friends caught on opposite sides in the throes of war has been explored in histories of other American wars, yet Malcolm reveals how this conflict reaches into the heart of our country's foundation. Loyalists who fled to England became strangers in a strange land who did not fit into British society. They were Americans longing for home, wondering whether there would—or could—be reconciliation. The grief of separated loyalties is an important and often ignored part of the revolutionary war story. Those who risked their lives battling the great British empire, and those who left home loyal to the government were all caught in a war without an enemy. In his rough draft of the Declaration of Independence Thomas Jefferson reflected sadly that “we might have been a free and a great people together.” The Times That Try Men's Souls is a poignant and vivid narrative that provides a fresh and timely perspective on a foundational part of our nation's history.
Scotland has often been regarded throughout history as "the violent north", but how true is this statement? Does Scotland deserve to be defined thus, and upon what foundations is this definition based? This book examines the history of crime in Scotland, questioning the labelling of Scotland as home to a violent culture and examining changes in violent behaviour over time, the role of religion on violence, how gender impacted on violence and how the level of Scottish violence fares when compared to incidents of violence throughout the rest of the UK. This book offers a ground-breaking contribution to the historiography of Scottish crime. Not only does the piece illuminate for the first time, the nature and incidence of Scottish criminality over the course of some three hundred years, but it also employs a more integrated analysis of gender than has hitherto been evident. This book sheds light on whether the stereotypical label given to Scotland as 'the violent north' is appropriate or in any way accurate, and it further contributes to our understanding of not only Scottish society, but of the history of crime and punishment in the British Isles and beyond.