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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.
Five legal theorists discuss a range of questions on the nature of the philosophy of criminal law.
"Off with her head!" decreed the Queen of Hearts, one of a multitude of murderous villains populating the pages of children's literature explored in this volume. Given the long-standing belief that children ought to be shielded from disturbing life events, it is surprising to see how many stories for kids involve killing. Bloody Murder is the first full-length critical study of this pervasive theme of murder in children’s literature. Through rereadings of well-known works, such as Alice’s Adventures in Wonderland, the Nancy Drew Mystery Stories, and The Outsiders, Michelle Ann Abate explores how acts of homicide connect these works with an array of previously unforeseen literary, social, political, and cultural issues. Topics range from changes in the America criminal justice system, the rise of forensic science, and shifting attitudes about crime and punishment to changing cultural conceptions about the nature of evil and the different ways that murder has been popularly presented and socially interpreted. Bloody Murder adds to the body of inquiry into America's ongoing fascination with violent crime. Abate argues that when narratives for children are considered along with other representations of homicide in the United States, they not only provide a more accurate portrait of the range, depth, and variety of crime literature, they also alter existing ideas about the meaning of violence, the emotional appeal of fear, and the cultural construction of death and dying.
Addressing the misunderstood and misrepresented aspects of the law in today’s writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.