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This volume presents a leading contribution to the substantive arena relating to homicide in the 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.
The book Criminal Law: Homicide deals specifically on homicide as a subject in criminal law. With the book, I carefully carved homicide law out of criminal law by focusing on court cases dealing with homicide and by asking thought-provoking questions that provide better understanding and knowledge of the crime of homicide as a branch of criminal law.
The criminal legal system defines and authoritatively enacts the boundaries of permissible and impermissible behaviour, with a focus on that which is prohibited or transgressive. Wickedness and Crime: Laws of Homicide and Malice seeks to expose the ways in which criminal law communicates and sanctions particular models of wickedness. This book illuminates the intimate relationship of crime and definitions of wrongdoing. A central contention of the book is that if a criminal legal system empty of normative content is undesirable and implausible, then we must think critically about the types of models of wickedness that are communicated by criminal legal doctrine. Through historical and contemporary analysis of the legal concept of malice, Penny Crofts examines the types of models of wickedness that are established through criminal legal doctrine. The book draws upon literature, philosophy and jurisprudence to place wickedness at the centre of an account of criminal law. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and clarity, this book examines the implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system. Through historical accounts of malice the book provides resources to enrich a contemporary jurisprudence of blaming. A fascinating contribution to the study of law, this book will interest criminal legal scholars who seek a deeper understanding of the complexity of the relationship between law and morality. The book also provides a resource for legal theorists and philosophers of wickedness, supplying a sustained example and analysis of the implications of types of models of culpability.
The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.
Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. Using real case examples, he offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.
Since the publication of the first edition, this textbook has offered one of the most distinctive and innovative approaches to the study of criminal law. Looking at both traditional and emerging areas, such as public order offences and corporate manslaughter, it offers a broad and thorough perspective on the subject. Material is organised thematically and is clearly signposted at the beginning of each section to allow the student to navigate successfully through the different fields. This fourth edition looks at topical issues such as policing, the Serious Crime Act 2007, and reform of the Fraud Act 2006. Relevant case law and extracts from the most topical and engaging debates on the subject give the subject immediacy. The book is essential for both undergraduate and postgraduate study of criminal law and justice.
The approach of A First-Year Course in Criminal Law: Trials, Appeals, Theories, Third Edition focuses students on preparing to discuss a single case per lecture. The author’s philosophy is “Teach one case a day and do it well.” To help students understand the big picture as well as the details, the organization strives for unification rather than departmentalization. Rather than treat crimes and defenses as “tubs on their own bottoms,” the defenses within the crimes are presented. In other words, the book brings out that crime occurs only in the absence of fully or partially successful exculpatory pleas. Although homicide is the crime that organizes the book, the elements and scope of other crimes are presented within the context of the law of homicide. Comprehension of assault, burglary, kidnapping, mayhem, robbery, and rape is crucial to the cases used to present the law of felony murder. Those crimes are analyzed in the cases, questions, and notes sufficiently to provide students with competency in the grammar of those crimes. New to the Third Edition: More patient explication of chapter introductions and sub-sections Reorganization of questions and notes to improve flow and avoid unintended redundancies Improved internal cross-references Increased emphasis on the function of mental illness in the role of fear in homicide cases Enhanced searchable citations Elaborated index Accounts for intervening changes in the law
On November 8, 1985, 18-year-old Tom Odle brutally murdered his parents and three siblings in the small southern Illinois town of Mount Vernon, sending shockwaves throughout the nation. The murder of the Odle family remains one of the most horrific family mass murders in U.S. history. Odle was sentenced to death and, after seventeen years on death row, expected a lethal injection to end his life. However, Illinois governor George Ryan’s moratorium on the death penalty in 2000, and later commutation of all death sentences in 2003, changed Odle’s sentence to natural life. The commutation of his death sentence was an epiphany for Odle. Prior to the commutation of his death sentence, Odle lived in denial, repressing any feelings about his family and his horrible crime. Following the commutation and the removal of the weight of eventual execution associated with his death sentence, he was confronted with an unfamiliar reality. A future. As a result, he realized that he needed to understand why he murdered his family. He reached out to Dr. Robert Hanlon, a neuropsychologist who had examined him in the past. Dr. Hanlon engaged Odle in a therapeutic process of introspection and self-reflection, which became the basis of their collaboration on this book. Hanlon tells a gripping story of Odle’s life as an abused child, the life experiences that formed his personality, and his tragic homicidal escalation to mass murder, seamlessly weaving into the narrative Odle’s unadorned reflections of his childhood, finding a new family on death row, and his belief in the powers of redemption. As our nation attempts to understand the continual mass murders occurring in the U.S., Survived by One sheds some light on the psychological aspects of why and how such acts of extreme carnage may occur. However, Survived by One offers a never-been-told perspective from the mass murderer himself, as he searches for the answers concurrently being asked by the nation and the world.
In A Question of Intent: Homicide Law and Criminal Justice in Qing and Republican China, Jennifer M. Neighbors uses legal cases from the local, provincial and central levels to explore both the complexity with which Qing law addressed abstract concepts and the process of adoption, adaptation, and resistance as late imperial law gave way to criminal law of the Republican period. This study reveals a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law that have influenced much of past scholarship.
In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.