Fine Lines and Distinctions PDF ePub eBook

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Fine Lines and Distinctions free pdf This book by two of the UK's leading and most forthright commentators reappraises earlier acclaimed writings such as With Malice Aforethought: A Study of the Crime and Punishment for Homicide (2004), Hart Publishing.* It examines and puts forward what Lord Judge in his Foreword describes as 'trenchant views' on correcting two particular strands of deficiency: the present definition of murder and the penalty for that offence. It will be of importance to lawyers, academics, students and others wishing to better understand these key issues at a time of change: a definitive account of the most serious offence in the criminal calendar and the impact of the mandatory sentence of life imprisonment for murder on some 8,000 serving prisoners. At a time when the Law Commission has suggested a division of murder into two categories, with manslaughter remaining, and a review of sentencing as a whole is imminent, the book focuses on earlier lamentable failures to deal with the problems of definition and sentencing which began with the Homicide Act 1957 and were not addressed at the time of the abolition of capital punishment a decade later. Taking as a main focus the extraordinarily controversial decision of the House of Lords in the case of DPP v Smith (1960), the book contains fresh insights based on a close study of that and the earlier case of R v Hedley and Jenkins (1945). The authors demonstrate how -largely hidden from public view - politics, law-making, judicial decision-making and myth somehow became intertwined in a way that would now be unacceptable in a more transparent, rights conscious and informed age. As Lord Parker, Lord Chief Justice stated in the debate in the House of Lords at the time of the abolition of the death penalty, 'I dislike fine lines and technical distinctions'. Yet as Lord Mustill began a judgment in the Judicial Committee of that same House as late as 1998 (Attorney-Generals' Reference No.3 of 1994), the law of homicide: 'is permeated by anomaly, fiction, misnomer and obsolete reasoning'. The Law Commission has more recently affirmed that the law of murder remains in a 'mess'. It is to these matters that the authors address themselves with unrivalled experience. * From the reviews of that earlier commentary: 'In their book, Blom-Cooper and Morris argue powerfully and authoritatively for the abolition of the separate crimes of murder and manslaughter ...Many of [the] issues have been debated by lawyers for many years - but rarely so coherently': Counsel, April 2005 'Once in a while one has the signal pleasure of coming across a truly remarkable book, a nook that serves as a pathway to enlightened thought on a given subject and which makes plain the sheer joy of scholarship': Canadian Criminal Justice Association Journal of Criminology.

About Terence Morris

Professor Terence Morris and Louis Blom-Cooper are two of the UK's leading experts on the law of homicide, having studied developments together for over 50 years. This has led them to recognise the extent of disquiet, especially following 'particularly troubling cases' and to conclude that the law of homicide in England and Wales is 'an unsatisfactory law enveloped in a political fix' (see Chapter 8). Their suggestion of a replacement single offence of criminal homicide coupled with abolition of the mandatory life sentence for murder in favour of discretion at the sentencing stage demands close study by judges, lawyers, legislators, academics, penal reformers and anyone who senses that something is seriously amiss. Further biographical details appear inside the book.

Details Book

Author : Terence Morris
Publisher : Waterside Press
Data Published : 17 January 2011
ISBN : 1904380662
EAN : 9781904380665
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : pages
Age + : 15 years
Language : English
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