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With Malice Aforethought - A Study of the Crime and Punishment for Homicide (Hardcover)
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With Malice Aforethought - A Study of the Crime and Punishment for Homicide (Hardcover)
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For more than 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 conceptually changed,the crime of
manslaughter has resulted in some forms of homicide being visited
with relatively minor penalties. These various categories of
unlawful killing present considerable problems relating to
intention, or lack of it, and the culpability of those whose
behaviour, while lacking in evident malice, is characterised by the
grossest recklessness. The reaction of the relatives of victims is
generally simpler. They frequently find it impossible to understand
how those who kill by dangerous or drunken driving may receive
comparatively lenient sentences, while those convicted of
manslaughter following a drunken brawl may be dealt with more
severely, and yet others, convicted of so-called 'mercy killings',
are subject to the mandatory penalty of life imprisonment. 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 authors consider a number of issues of great contemporary
importance, including the presentation of expert evidence in cases
involving unexplained infant death, corporate killing, and the
question of the defences available to the accused, including
self-defence and provocation, where popular notions of what is
reasonable or justifiable may be at variance with legal precedent.
While this book aims to consider criminal homicide in its social,
historical and legal setting, it also goes far beyond in setting
out the case for radical reform.
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