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First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
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.
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.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
THIS 34 PAGE ARTICLE WAS EXTRACTED FROM THE BOOK: The Chief European Dramatists: From Greece, Rome, Spain, France, Italy, Germany, Denmark and Norway, by Terence . To purchase the entire book, please order ISBN 141912353X.
THIS 34 PAGE ARTICLE WAS EXTRACTED FROM THE BOOK: The Chief European Dramatists: From Greece, Rome, Spain, France, Italy, Germany, Denmark and Norway, by Terence . To purchase the entire book, please order ISBN 141912353X.
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