Homicide and the Politics of Law Reform

Homicide and the Politics of Law Reform PDF Author: Jeremy Horder
Publisher: OUP Oxford
ISBN: 0191635952
Category : Law
Languages : en
Pages : 528

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Book Description
What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.

Homicide and the Politics of Law Reform

Homicide and the Politics of Law Reform PDF Author: Jeremy Horder
Publisher: OUP Oxford
ISBN: 0191635952
Category : Law
Languages : en
Pages : 528

Get Book Here

Book Description
What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.

Homicide and the Politics of Law Reform

Homicide and the Politics of Law Reform PDF Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0199561915
Category : Law
Languages : en
Pages : 296

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Book Description
A fascinating study of the law of homicide, examining its recent development and providing an insider's view on the politics of law reform. Challenging current thought, it argues for the general public to have a greater role in the process of law reform including offenses such as murder, manslaughter, and the highly debated corporate homicide.

Corporate Manslaughter and Regulatory Reform

Corporate Manslaughter and Regulatory Reform PDF Author: P. Almond
Publisher: Springer
ISBN: 1137296275
Category : Social Science
Languages : en
Pages : 324

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Book Description
This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.

Ashworth's Principles of Criminal Law

Ashworth's Principles of Criminal Law PDF Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0198753071
Category : Law
Languages : en
Pages : 561

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Book Description
Ashworth's Principles of Criminal Law, now in its eight edition, takes a distinctly different approach to the study of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and theoretical foundations of the criminal law, and aims to critically engage readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. The text is accompanied by an Online Resource Centre housing a full bibliography as well as a selection of useful web links.

Judging Evil

Judging Evil PDF Author: Samuel H. Pillsbury
Publisher: NYU Press
ISBN: 0814766803
Category : Law
Languages : en
Pages : 278

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Book Description
Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. After considering potential objections to this approach, including those based on determinism, unjust social conditions, and the alleged cruelty of retribution, he presents an extended critique of American homicide law. Using real case examples, Pillsbury offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.

A Lesser Species of Homicide

A Lesser Species of Homicide PDF Author: Kerry King
Publisher: UWA Publishing
ISBN: 1760800864
Category : Law
Languages : en
Pages : 353

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Book Description
There has been a dearth of longitudinal attention to the prosecution of ‘road traffic deaths’ in Australia and worldwide, surprising given more than 50 million people have died or been killed to date. Globally, the ‘road toll’ is estimated at 1.35 million per year. Almost all of those deaths are attributable to some form of human error. A Lesser Species of Homicide examines the shifting nexus where human error, fault, act or omission meet the question of criminal liability. In the first study of its kind in the world, Kerry King examines how parliaments, prosecutors, police and the courts have responded to deaths occasioned by the use of motor vehicles from the mid-twentieth century to the present, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. She explores how our weddedness to the residual notion of ‘accident’, to speed, drink-driving, risk, masculinity and the broader driving culture, have intersected with the tenets of intention, negligence, dangerousness and carelessness to affect judgments about drivers’ conduct. Drawing on hundreds of cases, King carefully traces the construction of offences and case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties with prosecuting intoxicated drivers and, most importantly, trends in charging standards and sentencing. For rigour, one Australian jurisdiction, Western Australia, has been chosen as the site of inquiry, yet there is little evidence to suggest that the trends explored herein are peculiar or exceptional. The status quo elsewhere in Australia and overseas appears remarkably similar. A Lesser Species of Homicide seeks to explore how and why deaths on the road have been treated as a species apart.

Locking Up Our Own

Locking Up Our Own PDF Author: James Forman, Jr.
Publisher: Farrar, Straus and Giroux
ISBN: 0374712905
Category : Social Science
Languages : en
Pages : 321

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Book Description
WINNER OF THE PULITZER PRIZE FOR GENERAL NON-FICTON ONE OF THE NEW YORK TIMES BOOK REVIEWS' 10 BEST BOOKS LONG-LISTED FOR THE NATIONAL BOOK AWARD FINALIST, CURRENT INTEREST CATEGORY, LOS ANGELES TIMES BOOK PRIZES "Locking Up Our Own is an engaging, insightful, and provocative reexamination of over-incarceration in the black community. James Forman Jr. carefully exposes the complexities of crime, criminal justice, and race. What he illuminates should not be ignored." —Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative "A beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded." —Trevor Noah, The Daily Show Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of color. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation’s urban centers. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

Homicide Law Reform, Gender and the Provocation Defence

Homicide Law Reform, Gender and the Provocation Defence PDF Author: Kate Fitz-Gibbon
Publisher: Springer
ISBN: 113735755X
Category : Social Science
Languages : en
Pages : 322

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Book Description
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.

Prisoners of Politics

Prisoners of Politics PDF Author: Rachel Elise Barkow
Publisher: Belknap Press
ISBN: 0674919238
Category : Law
Languages : en
Pages : 305

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Book Description
A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged

Gender, Homicide, and the Politics of Responsibility

Gender, Homicide, and the Politics of Responsibility PDF Author: Ashlee Gore
Publisher: Routledge
ISBN: 1000470857
Category : Social Science
Languages : en
Pages : 200

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Book Description
Gender, Homicide, and the Politics of Responsibility explores the competing and contradictory understandings of violence against women and men’s responsibility. It situates these within the personal and political intersections of neoliberal and ‘postfeminist’ imperatives of individualisation, choice, and empowerment. As violence against women has become a national and international policy priority, feminist concerns about violence against women, and men’s responsibility, have entered the mainstream only to be articulated in politically contradictory ways. This book explores themes of responsibility for violence, and the social and legal consequences that men and women uniquely or differently encounter. By drawing on high-profile cases of homicide, an extensive literature on feminist perspectives on violence, and compelling focus group discussions, the book examines the politicised claims regarding the ‘responsibility’ of men and women as both victims and offenders in intimate relationships. Deploying a range of interdisciplinary approaches, it utilises a blend of cultural theory and psychosocial analysis to offer an account of the infiltration of postfeminist and neoliberal sensibilities of individualism and responsibilisation in the social, legal, and interpersonal imaginary. The book makes contributions to several fields, such as the current public policy initiatives to hold men accountable for violence against women; understanding public attitudes to violence against women; and contextualising the challenges faced by a number of feminist reforms that seek to address these issues. An accessible and compelling read, Gender, Homicide, and the Politics of Responsibility will appeal to students and scholars of criminology, sociology, gender studies and those interested in understanding the debates surrounding violence against women, violence by women, and the social construction of responsibility and responsibilisation.