With Malice Aforethought

With Malice Aforethought

by Sir Louis Blom-Cooper Qc
     
 

ISBN-10: 1841134856

ISBN-13: 9781841134857

Pub. Date: 01/19/2004

Publisher: Hart Publishing (UK)

For 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 fundamentally changed, the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of homicide present considerable problems relating to intention,…  See more details below

Overview

For 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 fundamentally changed, the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of homicide present considerable problems relating to intention, or lack of it, and the culpability of those whose behavior, while lacking in evident malice, is characterized by the grossest recklessness. The reaction of the relatives of victims is simpler; they frequently find it impossible to distinguish between the moral culpability of a drunken or disqualified driver who kills and that of an offender who is convicted of a murder resulting from a drunken brawl. 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 book considers two issues of great contemporary importance: the phenomenon of corporate homicide, and the special problem which arises from establishing criminal intent and individual responsibility; and the question of the special defenses available to those charged with unlawful killing - particularly self-defense and provocation, where popular notions of what is reasonable are at variance with legal precedent. While this book considers criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for fundamental reform.

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Product Details

ISBN-13:
9781841134857
Publisher:
Hart Publishing (UK)
Publication date:
01/19/2004
Pages:
220
Product dimensions:
6.14(w) x 9.21(h) x 0.56(d)

Table of Contents

1Prologue and apologia1
2The legacy of Sr. Edward Coke, knight15
3Murder will out : the substantive law today33
4Hunting the chimaera59
5Expert evidence on trial73
6The past revisited : when memory lifts the latch93
7On the dealing floor of the lords : rewind to 1965109
8The starting points : where do they end?127
9Corporate killing133
10Motorised killing147
11The appellate process155
12The crime and the penalty : thinking outside the box161
Annex 1Membership of the Royal Commission on Capital Punishment 1949-53179
Annex 2Extracts from the Homicide Act 1957180
Annex 3Life sentences for murder : the Butler-Gardner correspondence 1961183
Annex 4Law Lords voting for the Parker Amendment on 27 July 1965187
Annex 5Extracts from the Murder (abolition of death penalty) Act 1965189
Annex 6Life sentences for murder : a letter from Jack Straw July 2000190
Annex 7Practice Direction (crime : mandatory life sentences) (No 2) of 29 July 2004194

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