With Malice Aforethought

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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 â?” 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: 1/19/2004
  • Pages: 220
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.56 (d)

Table of Contents

1 Prologue and apologia 1
2 The legacy of Sr. Edward Coke, knight 15
3 Murder will out : the substantive law today 33
4 Hunting the chimaera 59
5 Expert evidence on trial 73
6 The past revisited : when memory lifts the latch 93
7 On the dealing floor of the lords : rewind to 1965 109
8 The starting points : where do they end? 127
9 Corporate killing 133
10 Motorised killing 147
11 The appellate process 155
12 The crime and the penalty : thinking outside the box 161
Annex 1 Membership of the Royal Commission on Capital Punishment 1949-53 179
Annex 2 Extracts from the Homicide Act 1957 180
Annex 3 Life sentences for murder : the Butler-Gardner correspondence 1961 183
Annex 4 Law Lords voting for the Parker Amendment on 27 July 1965 187
Annex 5 Extracts from the Murder (abolition of death penalty) Act 1965 189
Annex 6 Life sentences for murder : a letter from Jack Straw July 2000 190
Annex 7 Practice Direction (crime : mandatory life sentences) (No 2) of 29 July 2004 194
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