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Fine Lines and Distinctions - Murder, Manslaughter and the Unlawful Taking of Human Life (Hardcover, New)
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Fine Lines and Distinctions - Murder, Manslaughter and the Unlawful Taking of Human Life (Hardcover, New)
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Written by two of the UK's leading experts on the law of homicide,
contains new information and analysis and suggests a radical new
solution to the 'mess' which English homicide law has become. In
this powerful account, the authors show that-from Sir Edward Coke's
classic common law definition of murder, through political fixes,
poorly thought-out compromises and misguided legislative or
Executive tinkering-the English law of homicide is in 'a mess'.
Even the most adept legal minds are faced with what has been
described in Parliament as 'fine lines and distinctions'. What must
juries make of messy laws and how can anyone have confidence in
criminal justice if laws affecting some of the most serious
offences in the criminal calendar are deeply flawed? To make
matters worse, the entire subject of homicide in England and Wales
is further distorted by the existence of the mandatory life
sentence for murder. Building on unrivalled knowledge, extensive
research, close practical observation and incisive analysis,
Professor Terence Morris and Sir Louis Blom-Cooper QC trace the
development of the law of homicide from early times to the present
day. They counter and dismantle specious arguments for preserving
the status quo and point out that only root and branch reform of
the basis of liability for homicide and its sentencing regime will
serve to restore justice, fairness and political probity. Professor
Terence Morris and Sir Louis Blom-Cooper QC are two of the UK's
leading experts on the law of homicide, having studied developments
together for over 50 years. This has led them to recognise the
extent of disquiet, especially following 'particularly troubling
cases' and to conclude that the law of homicide in England and
Wales is 'an unsatisfactory law enveloped in a political fix'.
Their suggestion of a replacement single offence of criminal
homicide coupled with abolition of the mandatory life sentence for
murder in favour of discretion at the sentencing stage demands
close study by judges, lawyers, legislators, academics, penal
reformers and anyone who senses that something is seriously amiss.
Reviews 'This is no dry legal tome. The authors present their case
in a bracing, persuasive and highly readable way... This is an
important and stimulating work that should engage not just the
legal practitioner, politician or law student but anyone concerned
with our justice system or puzzled by the conduct and outcome of a
murder trial': guardian.co.uk (click for full review). 'Fine Lines
and Distinctions prompted me to pay more attention to and reflect
further on those who have killed. Though its primary focus is the
law - specifically a potentially significant improvement to the law
- I also warmly recommend it to anyone interested in lifers ':
Independent Monitor 'This timely, provocative and certainly topical
book puts forward a closely argued and well supported case for
encouraging "a root and branch reform of the law of homicide"
...(and) provides ample evidence and ammunition to those who would
agree that such a reform should be put in place as a matter of
urgency': Phillip Taylor MBE and Elizabeth Taylor of Richmond Green
Chambers. Launched at Middle Temple, 30 June 2011 by Lord Judge -
click for photos from the Fine Lines and Distinctions launch.
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