[PDF] Partial Defences To Murder eBook

Author : Great Britain. Law Commission
Publisher : The Stationery Office
Page : 324 pages
File Size : 15,92 MB
Release : 2004
Category : Law
ISBN : 9780101630122

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Following on from an earlier consultation paper by the Law Commission (Consultation paper 173, ISBN 0117302597) published in October 2003, this report makes recommendations on the law and practice of the partial defences to murder of diminished responsibility and provocation, as covered by the Homicide Act 1957, with particular regard to domestic violence situations. It also considers whether there should be a partial defence to murder in cases involving the use of excessive force in self-defence. Appendices include sections detailing: research into the ways in which the law of provocation and diminished responsibility are working; a brief empirical survey of public opinion relating to partial defences to murder; a synopsis of sample cases of female defendants convicted of murder; and a sociological history of provocation and diminished responsibility.

Author : Professor Alan Reed
Publisher : Ashgate Publishing, Ltd.
Page : 411 pages
File Size : 15,98 MB
Release : 2013-02-28
Category : Law
ISBN : 1409497828

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This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

Author : Alan Reed
Publisher : Routledge
Page : 410 pages
File Size : 14,91 MB
Release : 2016-04-22
Category : Law
ISBN : 1317103300

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This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

Author : Great Britain. Law Commission
Publisher :
Page : 249 pages
File Size : 35,95 MB
Release : 2003
Category : Law
ISBN : 9780117302594

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This consultation paper reviews the law and practice of the partial defences to murder, as covered by the Homicide Act 1957, of diminished responsibility and provocation, with particular regard to domestic violence situations. It examines the history and background to these partial defences, sets out relevant statistical data and empirical studies, describes the current law with an analysis of its problems, and identifies possible options for reform together with their main strengths and weaknesses. Other aspects discussed include the excessive use of force in self-defence, which has sometimes provided a partial defence to murder in certain jurisdictions but not in England and Wales; particular problems associated with abused women who kill; and previous recommendations for reform of diminished responsibility and provocation. Appendices deal with the partial defences to murder and their application in other jurisdictions, namely Australia, India, Canada, Irish Republic, New Zealand, Scotland, and South Africa.

Author : George Mousourakis
Publisher : Routledge
Page : 216 pages
File Size : 16,78 MB
Release : 2018-12-17
Category : Law
ISBN : 0429873573

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Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.

Author : Fiona Leverick
Publisher : Oxford University Press, USA
Page : 246 pages
File Size : 26,69 MB
Release : 2006
Category : Law
ISBN : 019928346X

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In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.

Author : Evan Stark
Publisher : Oxford University Press
Page : 465 pages
File Size : 20,8 MB
Release : 2009
Category : Family & Relationships
ISBN : 0195384040

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Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.