1st Edition

Homicide in Criminal Law A Research Companion

Edited By Alan Reed, Michael Bohlander Copyright 2019
    386 Pages
    by Routledge

    386 Pages
    by Routledge

    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.

     

    List of contributors



    Preface



    Introduction



    Part 1



    1 The mandatory sentence and the case for second degree murder



    JEREMY HORDER



    2 Killings short of murder: Examining culpable homicide in Scots law



    CLAIRE MCDIARMID



    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



    SALLY KYD



    8 The termination of pregnancy and the criminal law



    JONATHAN HERRING



    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



    Part 2



    11 South Africa



    GERHARD KEMP



    12 United States of America



    VERA BERGELSON



    13 Germany



    KAI AMBOS AND STEFANIE BOCK



    14 New Zealand



    JULIA TOLMIE



    15 The Netherlands



    ERIK GRITTER



    16 Turkey



    MURAT ÖNOK



    17 Islamic law



    MOHAMMAD HEDAYATI-KAKHKI



    18 Sweden



    MAGNUS ULVÄNG



    Index

    Biography

    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