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.
Table of Contents
List of contributors
1 The mandatory sentence and the case for second degree murder
2 Killings short of murder: Examining culpable homicide in Scots law
3 Reforming English homicide law: Fair labelling questions and comparative answers
MATTHEW GIBSON AND ALAN REED
4 The current state of murder in English law: A critique, wrong turns and all
J.J. CHILD AND G.R. SULLIVAN
5 ‘Loss of self-control’: The cultural lag of sexual infidelity and the transformative promise of the fear defence
SUSAN S.M. EDWARDS
6 Diminished responsibility: A limited partial defence to murder
RUDI FORTSON QC
7 Causing death
8 The termination of pregnancy and the criminal law
9 Homicide and the vulnerable subject of criminal law
CLAIRE DE THAN AND JESSE ELVIN
10 Recording murder: videos depicting homicide and the law
ALISDAIR A. GILLESPIE
11 South Africa
12 United States of America
KAI AMBOS AND STEFANIE BOCK
14 New Zealand
15 The Netherlands
17 Islamic law
Alan Reed is Associate Pro Vice Chancellor (Research and Innovation) in the Faculty of Business and Law at the University of Northumbria. He is a Professor of Criminal and Private International Law, and Editor of The Journal of Criminal Law.
Michael Bohlander is the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia. He holds the Chair of Comparative and International Criminal Law at Durham Law School.
Nicola Wake is Associate Professor in Law and Deputy Director for Northumbria Centre for Evidence and Criminal Justice Studies.
Emma Engleby is a Senior Lecturer in Law at Northumbria University. Her research interests are in Criminal Evidence, specifically in the use and admissibility of character evidence.
Verity Adams is a barrister at Trinity Chambers currently completing a PhD at the University of Durham. Her research interests are in Criminal Law and Evidence, Immigration and Public International Law.
'This is an authoritative and valuable contribution to the discussion surrounding the way in which the criminal law deals with homicide offences. It should be read by anyone researching this increasingly complex area of law.'
Christopher J. Newman, University of Sunderland, UK
'Homicide in Criminal law is a sophisticated account of a range of conceptual problems in the law of homicide. The text, both intellectually challenging yet immensely readable, provides a feast of ethical, philosophical and practical reflection for serious students of criminal law. An admirable addition to Bohlander and Reed’s collaborative series on substantive criminal law.'
Warren Brookbanks, Auckland University of Technology, New Zealand