Homicide in Criminal Law: A Research Companion

Cover
Half Title
Title Page
Copyright Page
Table of Contents
List of contributors
Preface
Introduction
Part 1
	1 The mandatory sentence and the case for second degree murder
		Introduction
		Overview: how problems may arise
		Second degree murder and law reform in Victorian England
		The Committee of 1866: extenuating circumstances and beyond
		The Committee of 1866 and second degree murder
		Conclusion
	2 Killings short of murder: Examining culpable homicide in Scots law
		Introduction
		Defining culpable homicide in Scots law
		Involuntary culpable homicide
		Conclusion
	3 Reforming English homicide law: Fair labelling questions and
comparative answers
		1. Introduction
		2. Murder and involuntary manslaughter: fair labelling priorities
		3. Murder and involuntary manslaughter
		4. Conclusion
	4 The current state of murder in English law: A critique, wrong turns and all
		Introduction
		The penal consequences of murder
		The conditions of liability for murder
		Reform
	5 ‘Loss of self-control’: The cultural lag of sexual infidelity and the
transformative promise of the fear defence
		Introduction
		Relevances
		women who kill
		Permissible male maelstrom of anger
		Permission for anger
		learnt behaviourism
		The problem of loss of control triggered by fear
		Conclusion
		What is to be done now?
	6 Diminished responsibility: A limited partial defence to murder
		Overview
		History
		The former aetiologies of diminished responsibility
		Developmental immaturity
		Does the partial defence embody
		moral responsibility’?
		Recognised medical condition
		The defendant’s ability to understand the
		nature of D’s conduct’: section 2(1A)(a)
		Ability to form a rational judgment: section 2(1A)(b)
		Ability to exercise self-control: section 2(1A)(c)
		Impairment must be
		substantial’
		The defendant’s abnormality as an
		explanation’ and
		cause’ of the killing
		Diminished responsibility, discretion and the
		benign conspiracy’
		Expert testimony on a plea of diminished responsibility
		Concluding remarks
	7 Causing death
		Introduction
		Murder
		Constructive homicide: manslaughter and causing death by driving
		Constructive manslaughter
		Causing death by driving
		Gross negligence manslaughter
		Towards rationality in causation in homicide
		Conclusion
	8 The termination of pregnancy and the criminal law
		Introduction
		The legal status of the foetus in criminal law
		The use of criminal law in relation to termination
		The traditional approach to moral status
		Personhood at or close to birth and beyond
		Personhood at conception
		Developing a new approach
		Applying a relational approach to termination of pregnancies
		Conclusion
	9 Homicide and the vulnerable subject of criminal law
		Introduction
		The concept of vulnerability
		Hard cases’
		Concluding remarks and reform161
	10 Recording murder: videos depicting homicide and the law
		Introduction
		Non-terrorist killings
		Terrorist killings
		Should murder videos be the subject of criminal law?
		Conclusion
Part 2
	11 South Africa
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Reckless homicide offences
		Negligent homicide offences
		Result-qualified / constructive /
		/ felony homicide offences
		Abortion and homicide
		Defences to homicide
		Sentencing framework
	12 United States of America
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Reckless homicide offences
		Negligent homicide offences
		Result-qualified / constructive /
		/ felony homicide offences
		Infanticide / child destruction
		Abortion and homicide
		Defences to homicide
		Sentencing framework
	13 Germany
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Negligent homicide offences
		Result-qualified homicide offences
		Infanticide / child destruction
		Abortion and homicide
		Defences to homicide
		Sentencing framework
	14 New Zealand
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Reckless homicide offences
		Negligent homicide offences
		Result-qualified / constructive/
		/ felony homicide offences
		Infanticide / child destruction
		Abortion and homicide
		Defences to homicide
		Sentencing framework
	15 The Netherlands
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Gross negligence and reckless homicide
		Result-qualified offences
		Abortion and homicide
		General defences to homicide
		Sentencing framework
	16 Turkey
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Reckless homicide offences
		Negligent homicide offences
		Result-qualified / constructive /
		/ felony homicide offences
		Infanticide / child destruction
		Abortion and homicide
		Defences to homicide
		Sentencing framework
		including statistics
	17 Islamic law
		Introduction
		Historical development of homicide offences
		General elements
		Elements of homicide offences
		Infanticide and child destruction
		Abortion and homicide
		Defences to homicide
		Sentencing framework
		Conclusion
	18 Sweden
		Overview and historical development of homicide offences and offence structure
		General elements
		Intentional homicide offences
		Reckless and negligent homicide offences
		Infanticide/child killing
		Defences for homicide
		Sentencing framework
		including statistics
Index