Criminal Defences in Australia PDF Download
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Author: Paul A. Fairall
Publisher:
ISBN: 9780409339062
Category : Criminal liability
Languages : en
Pages : 0
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Book Description
"[This book analyzes] the defences to criminal prosecutions both at common law and under statute in all jurisdictions of Australia. The various defences are described...together with the circumstances under which they can be raised and how several defences can be combined. The inter-relationship of the defences is also fully explored, with an eye to jurisdictional differences. It also includes additional analysis of Infanticide and Infancy as well as touching upon the Commonwealth Criminal Code."--
Author: Paul A. Fairall
Publisher:
ISBN: 9780409339062
Category : Criminal liability
Languages : en
Pages : 0
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Book Description
"[This book analyzes] the defences to criminal prosecutions both at common law and under statute in all jurisdictions of Australia. The various defences are described...together with the circumstances under which they can be raised and how several defences can be combined. The inter-relationship of the defences is also fully explored, with an eye to jurisdictional differences. It also includes additional analysis of Infanticide and Infancy as well as touching upon the Commonwealth Criminal Code."--
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 1020
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Book Description
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 946
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Book Description
Author: Professor Alan Reed
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472433351
Category : Law
Languages : en
Pages : 361
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Book Description
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform.
Author: Alan Reed
Publisher: Cambridge Scholars Publishing
ISBN: 1443875694
Category : Law
Languages : en
Pages : 450
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Book Description
Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.
Author: Abbe Smith
Publisher: Macmillan + ORM
ISBN: 023061387X
Category : Biography & Autobiography
Languages : en
Pages : 260
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Book Description
A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades. For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.
Author: Geert-Jan Knoops
Publisher: BRILL
ISBN: 9047431561
Category : Law
Languages : en
Pages : 372
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Book Description
The Second Edition of Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
Author: Patricia E. Erickson
Publisher: Gale, Cengage Learning
ISBN: 153585491X
Category : Study Aids
Languages : en
Pages : 14
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Book Description
Gale Researcher Guide for: Criminal Defenses and Their Role in Criminal Proceedings is selected from Gale's academic platform Gale Researcher. These study guides provide peer-reviewed articles that allow students early success in finding scholarly materials and to gain the confidence and vocabulary needed to pursue deeper research.
Author: Mark Dsouza
Publisher: Bloomsbury Publishing
ISBN: 1509902961
Category : Law
Languages : en
Pages : 327
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Book Description
PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.
Author: Alan Reed
Publisher: Routledge
ISBN: 1317129555
Category : Law
Languages : en
Pages : 360
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Book Description
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
