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With Malice Aforethought : A Study of the Crime and Punishment for Homicide - Louis Jacques Blom-Cooper

With Malice Aforethought

A Study of the Crime and Punishment for Homicide

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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.

The arguments in this book have been well made, with an intimate knowledge of the territory and an understanding of the positions and motivations of the opposing forces... Bron McKillop Current Issues in Criminal Justice, Vol. 17, No. 2 November 2005 ...a fascinating book that exposes the limitations of the current laws on homicide and makes a fascinating historical revelation that exposes the nature of contemporary public policy debate. Jamie Bennett Prison Service Journal January 2006 Once in a while one has the signal pleasure of coming across a truly remarkable book, a book that serves as a pathway to enlightened thought on a subject and which makes plain the sheer joy of scholarship. With Malice Aforethought A Study of the Crime and Punishment for Homicide is such a book the authors have infused their book not only with the estimable erudition but also with the passion of the advocate who believes fundamentally in the cause being advancedAn arresting and rich tableau of arguments. Gilles Renaud, Cornwall, ON Canadian Journal of Criminology and Criminal Justice March 2005 This is an important book. Robert S Shiels Journal of the Law Society of Scotland April 2005

Prologue and apologiap. 1
The legacy of Sr. Edward Coke, knightp. 15
Murder will out : the substantive law todayp. 33
Hunting the chimaerap. 59
Expert evidence on trialp. 73
The past revisited : when memory lifts the latchp. 93
On the dealing floor of the lords : rewind to 1965p. 109
The starting points : where do they end?p. 127
Corporate killingp. 133
Motorised killingp. 147
The appellate processp. 155
The crime and the penalty : thinking outside the boxp. 161
Membership of the Royal Commission on Capital Punishment 1949-53p. 179
Extracts from the Homicide Act 1957p. 180
Life sentences for murder : the Butler-Gardner correspondence 1961p. 183
Law Lords voting for the Parker Amendment on 27 July 1965p. 187
Extracts from the Murder (abolition of death penalty) Act 1965p. 189
Life sentences for murder : a letter from Jack Straw July 2000p. 190
Practice Direction (crime : mandatory life sentences) (No 2) of 29 July 2004p. 194
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134857
ISBN-10: 1841134856
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 216
Published: 19th October 2004
Country of Publication: GB
Dimensions (cm): 23.5 x 23.5  x 16.51
Weight (kg): 0.34
Edition Number: 1