Homicide In Criminal Law Download Ebook PDF Epub Online

Author : Alan Reed
Michael Bohlander
Publisher : Routledge
Release : 2020-07-02
Page : 386
Category :
ISBN 13 : 9780367586577
Description :


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.


Author : Alan Reed
Michael Bohlander
Publisher : Routledge
Release : 2018-09-03
Page : 370
Category : Law
ISBN 13 : 1351016296
Description :


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.


Author : Great Britain. Law Commission
Publisher : The Stationery Office
Release : 2006-01-01
Page : 266
Category : Political Science
ISBN 13 : 0102943680
Description :


A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006


Author : Jeremy Horder
Publisher : Bloomsbury Publishing
Release : 2007-12-10
Page : 244
Category : Law
ISBN 13 : 184731385X
Description :


A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide. Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide. Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.


Author : Robert E. Hanlon
Thomas V Odle
Publisher : SIU Press
Release : 2013-08-06
Page : 195
Category : True Crime
ISBN 13 : 0809332639
Description :


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.


Author : Celia Wells
Oliver Quick
Publisher : Cambridge University Press
Release : 2010-05-27
Page : 942
Category : Law
ISBN 13 : 1139488759
Description :


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.


Author : Alan Reed
Michael Bohlander
Publisher : Routledge
Release : 2018-09-07
Page : 392
Category : Criminal law
ISBN 13 : 9781138498419
Description :


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.


Author : Jennifer M. Neighbors
Publisher : BRILL
Release : 2018-05-09
Page : 282
Category : Law
ISBN 13 : 900433016X
Description :


In A Question of Intent, Jennifer M. Neighbors unpacks the complicated late imperial homicide continuum and its Republican-era counterpart, revealing a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law.


Author : Marvin E. Wolfgang
Publisher : University of Pennsylvania Press
Release : 2016-11-11
Page : 432
Category : Social Science
ISBN 13 : 1512808725
Description :


This volume is a statistical and sociological analysis of one of the leading causes of death in the United States. Combining original research and a review of all major previous studies on criminal homicide in America, this study attempts to discover and to analyze patterns in criminal homicide from among almost six hundred cases that occurred in the city of Philadelphia between January 1, 1948, and December 31, 1952. The primary source of data utilized by Marvin E. Wolfgang was the files of the Homicide Squad of the Philadelphia Police Department. Answers were sought to a series of questions regarding 588 victims and 621 offenders involved in criminal homicide with respect to the following: race, sex, and age differences; methods and weapons used to inflict death; seasonal and other temporal patterns; spatial patterns; the relationship between the use of alcohol and homicide; the degree of violence in homicide; motives; the interpersonal relationship between victim and offender; homicide occurring during the commission of another felony; victim-precipitated homicide; homicide-suicide; unsolved homicide; the tempo of legal procedure; court disposition; and insanity as a factor in homicide. The broad range of material examined in this volume makes it one of the most comprehensive studies undertaken in recent years. Although dealing basically with records of homicide accumulated in Philadelphia, Patterns in Criminal Homicide has implications that hold true for every large urban community. It is a work of utmost importance to the student of sociology because of its general sociological perspective; to all students of criminology; to the police, especially the homicide division of any police department; to law students, lawyers, and judges; and to those agencies in the community concerned with the control and prevention of violent crime.


Author : Canada
Publisher :
Release : 1998
Page : 162
Category : Constitutional history
ISBN 13 : 9780660607726
Description :



Author : Jeremy Horder
Publisher : OUP Oxford
Release : 2012-07-12
Page : 296
Category : Law
ISBN 13 : 0191635952
Description :


What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.


Author : David Simon
Publisher : Holt Paperbacks
Release : 2007-04-01
Page : 672
Category : True Crime
ISBN 13 : 9781429900959
Description :


From the creator of HBO's The Wire, the classic book about homicide investigation that became the basis for the hit television show The scene is Baltimore. Twice every three days another citizen is shot, stabbed, or bludgeoned to death. At the center of this hurricane of crime is the city's homicide unit, a small brotherhood of hard men who fight for whatever justice is possible in a deadly world. David Simon was the first reporter ever to gain unlimited access to a homicide unit, and this electrifying book tells the true story of a year on the violent streets of an American city. The narrative follows Donald Worden, a veteran investigator; Harry Edgerton, a black detective in a mostly white unit; and Tom Pellegrini, an earnest rookie who takes on the year's most difficult case, the brutal rape and murder of an eleven-year-old girl. Originally published fifteen years ago, Homicide became the basis for the acclaimed television show of the same name. This new edition—which includes a new introduction, an afterword, and photographs—revives this classic, riveting tale about the men who work on the dark side of the American experience.


Author : Louis Blom-Cooper
Terence Morris
Publisher : Bloomsbury Publishing
Release : 2004-10-19
Page : 216
Category : Law
ISBN 13 : 1847311849
Description :


For more than three centuries the criminal law has given rise to a divergent set of approaches to the crime of homicide. Whereas the law of murder has not conceptually changed,the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of unlawful killing present considerable problems relating to intention, or lack of it, and the culpability of those whose behaviour, while lacking in evident malice, is characterised by the grossest recklessness. The reaction of the relatives of victims is generally simpler. They frequently find it impossible to understand how those who kill by dangerous or drunken driving may receive comparatively lenient sentences, while those convicted of manslaughter following a drunken brawl may be dealt with more severely, and yet others, convicted of so-called 'mercy killings', are subject to the mandatory penalty of life imprisonment. This book addresses the powerful and controversial arguments for the current distinctions between murder, manslaughter and other specific categories of crime to be abolished and subsumed within a single crime of culpable homicide. In the course of this analysis the authors consider a number of issues of great contemporary importance, including the presentation of expert evidence in cases involving unexplained infant death, corporate killing, and the question of the defences available to the accused, including self-defence and provocation, where popular notions of what is reasonable or justifiable may be at variance with legal precedent. While this book aims to consider criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for radical reform.


Author : Matthew Alan Reed
Michael Bohlander
Publisher : Routledge
Release : 2018-10-03
Page : 370
Category : Law
ISBN 13 : 9781351016315
Description :


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.


Author : Marko Nikolic
Publisher : Society Publishing
Release : 2017-11
Page : 375
Category :
ISBN 13 : 9781773610894
Description :


Since the world''s first Codes mankind (or the then rulers) is trying to separate, and then devise a punishment for losing one''s life in someone else''s fault. Even the most famous and best preserved ancient Mesopotamia Code that was found in 1902 in the Iranian city of Susa contains significant parts relating to these offenses. A long way was waiting until today''s modern laws in all their complexity.Homicide offenses range from those related to negligent conduct, as in criminally negligent homicide, to heinous intent murders, like capital murder. One of the highest categories of homicide is felony murder; next to capital murder, most states consider this the most severe degrees of murder. The US federal felony-murder statute requires the government to prove that a murder occurred and then calls for a determination of the degree of the murder for sentencing purposes. The government must prove beyond a reasonable doubt that the defendant acted with "malice aforethought" in order to obtain a conviction. The felony-murder statute is not, however, the only federal statute that seeks to punish a defendant for a felony-related death. These are the questions we are starting our book with. Homicide is the killing of one person by another. Every state has some type of homicide statute, but the concept behind the homicide charge evolved from common law principles. Under common law, homicide is classified in three ways including justifiable homicide, excusable homicide, and criminal homicide. Murder is a homicide crime defined as the intentional killing of one human being by another with malice aforethought. Malice aforethought is a state of mind, or intent, requirement that makes a homicide a murder. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter.Involuntary manslaughter is defined as the unlawful killing of a human being without malice aforethought. In order to be involuntary manslaughter, the killing must have been unintentional. Different states have different definitions of or requirements for involuntary manslaughterThe phrase "degrees of murder" refers to the intent or severity of a particular murder charge. Some states define their degrees of murder numerically. Common degrees of murder include first degree murder and second degree murder. Other states place specific labels on their murder offenses, such as capital murder, murder, and justifiable homicide. Despite the label of the degree of murder, the idea is to gradually increase the punishment with the degree. The more egregious the killing, or the motive behind a killing, then the higher the degree of punishment for that type of murder charge.The Castle Doctrine is a self-defense theory which gives a homeowner the right to protect his home with the use of deadly force. The Castle Doctrine originally emerged as a common law theory. And the editors felt theneed to mention this doctrine separately.Homicide is a leading cause of childhood death in the developed world, and Most child victims of homicide are killed by a parent or step-parent and what is the role of mental illnes in those cases. This will be dealt with in chapter five. The following chapter will mention the topic of gun violence as an ongoing problem in the United States of America and the relationship between the legal availability of guns and the firearm-related homicide rate.External causes of death comprise a heterogeneous collection of events including the three major categories of suicide, homicide, and accidental death. These causes of death represent a significant proportion of potentially preventable mortality in the United States. Risk factors associated with external causes of death have been limited in the number of covariates investigated and external causes examined in chapter seven.Homicides refer to interpersonal violence. Civilian and military deaths during interstate wars, civil wars and genocides are not counted as homicides. Mid 19th century, technologies that we take for granted today had not yet been discovered or widely used in solving crime. Innovations like fingerprinting, ballistics, hair and fiber analysis, and blood evidence had not yet been developed, and crimes were solved quickly or not at all. We rememeber that time in chapter 9. In chapter 10 we explore whether or not contagion is evident in more high-profile incidents, such as school shootings and mass killings (incidents with four or more people killed).We will contine with the questions of penalty and punishment untill we reach the very end of this edition where we take on the psyhological aspect of pre murderous kindness and postmurder grief of the perpetrator themselves.


Author : Stanley Meng Heong Yeo
Publisher : Federation Press
Release : 1997
Page : 312
Category : Criminal liability
ISBN 13 : 9781862872752
Description :


Yeo's work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.


Author : Andrew Ashworth
Barry Mitchell
Publisher : Oxford University Press on Demand
Release : 2000
Page : 205
Category : Law
ISBN 13 : 9780198299042
Description :


The law of homicide is probably the most high-profile area of the criminal law, and yet in recent years it has been relatively neglected by law reform agencies. Rethinking English Homicide Law brings together six top English criminal lawyers to discuss the future shape of the English law ofhomicide and deals with such important topics as the definition of murder, the relevance of mental abnormality provocation, unintentional killings, defences, and sentencing. The book also considers broad policy choices and matters of detail, in their contemporary social and legal context, andhighlights the difficult issues that need to be tackled if we are to have an up-to-date law of murder and manslaughter.


Author : Penny Crofts
Publisher : Routledge
Release : 2013-10-30
Page : 292
Category : History
ISBN 13 : 1136703128
Description :


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.


Author : Sally Cunningham
Publisher : Routledge
Release : 2016-05-13
Page : 268
Category : Law
ISBN 13 : 1317157877
Description :


The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.


Author : Fiona Leverick
Publisher : Oxford University Press, USA
Release : 2006
Page : 217
Category : Law
ISBN 13 : 019928346X
Description :


This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.