Homicide in Criminal Law: A Research Companion

Description

Cover Half Title Title Page Copyright Page Table of Contents List of contributors Preface Introduction Part 1 1 The mandatory sentence and the case for second degree murder Introduction Overview: how problems may arise Second degree murder and law reform in Victorian England The Committee of 1866: extenuating circumstances and beyond The Committee of 1866 and second degree murder Conclusion 2 Killings short of murder: Examining culpable homicide in Scots law Introduction Defining culpable homicide in Scots law Involuntary culpable homicide Conclusion 3 Reforming English homicide law: Fair labelling questions and comparative answers 1. Introduction 2. Murder and involuntary manslaughter: fair labelling priorities 3. Murder and involuntary manslaughter 4. Conclusion 4 The current state of murder in English law: A critique, wrong turns and all Introduction The penal consequences of murder The conditions of liability for murder Reform 5 ‘Loss of self-control’: The cultural lag of sexual infidelity and the transformative promise of the fear defence Introduction Relevances women who kill Permissible male maelstrom of anger Permission for anger learnt behaviourism The problem of loss of control triggered by fear Conclusion What is to be done now? 6 Diminished responsibility: A limited partial defence to murder Overview History The former aetiologies of diminished responsibility Developmental immaturity Does the partial defence embody moral responsibility’? Recognised medical condition The defendant’s ability to understand the nature of D’s conduct’: section 2(1A)(a) Ability to form a rational judgment: section 2(1A)(b) Ability to exercise self-control: section 2(1A)(c) Impairment must be substantial’ The defendant’s abnormality as an explanation’ and cause’ of the killing Diminished responsibility, discretion and the benign conspiracy’ Expert testimony on a plea of diminished responsibility Concluding remarks 7 Causing death Introduction Murder Constructive homicide: manslaughter and causing death by driving Constructive manslaughter Causing death by driving Gross negligence manslaughter Towards rationality in causation in homicide Conclusion 8 The termination of pregnancy and the criminal law Introduction The legal status of the foetus in criminal law The use of criminal law in relation to termination The traditional approach to moral status Personhood at or close to birth and beyond Personhood at conception Developing a new approach Applying a relational approach to termination of pregnancies Conclusion 9 Homicide and the vulnerable subject of criminal law Introduction The concept of vulnerability Hard cases’ Concluding remarks and reform161 10 Recording murder: videos depicting homicide and the law Introduction Non-terrorist killings Terrorist killings Should murder videos be the subject of criminal law? Conclusion Part 2 11 South Africa Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Reckless homicide offences Negligent homicide offences Result-qualified / constructive / / felony homicide offences Abortion and homicide Defences to homicide Sentencing framework 12 United States of America Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Reckless homicide offences Negligent homicide offences Result-qualified / constructive / / felony homicide offences Infanticide / child destruction Abortion and homicide Defences to homicide Sentencing framework 13 Germany Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Negligent homicide offences Result-qualified homicide offences Infanticide / child destruction Abortion and homicide Defences to homicide Sentencing framework 14 New Zealand Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Reckless homicide offences Negligent homicide offences Result-qualified / constructive/ / felony homicide offences Infanticide / child destruction Abortion and homicide Defences to homicide Sentencing framework 15 The Netherlands Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Gross negligence and reckless homicide Result-qualified offences Abortion and homicide General defences to homicide Sentencing framework 16 Turkey Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Reckless homicide offences Negligent homicide offences Result-qualified / constructive / / felony homicide offences Infanticide / child destruction Abortion and homicide Defences to homicide Sentencing framework including statistics 17 Islamic law Introduction Historical development of homicide offences General elements Elements of homicide offences Infanticide and child destruction Abortion and homicide Defences to homicide Sentencing framework Conclusion 18 Sweden Overview and historical development of homicide offences and offence structure General elements Intentional homicide offences Reckless and negligent homicide offences Infanticide/child killing Defences for homicide Sentencing framework including statistics Index