Fine lines and distinctions : murder, manslaughter and the unlawful taking of human life / Terence Morris and Louis Blom-Cooper ; foreword by Lord Judge.
2011
KD7963 .M67 2011 (Map It)
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Author
Title
Fine lines and distinctions : murder, manslaughter and the unlawful taking of human life / Terence Morris and Louis Blom-Cooper ; foreword by Lord Judge.
Published
Hook, Hampshire, United Kingdom : Waterside Press, [2011]
Distributed
Portland, Or. : North American distributor, International Specialzied Book Services
Copyright
©2011
Call Number
KD7963 .M67 2011
ISBN
1904380662
9781904380665
9781904380665
Description
474 pages, 8 unnumbered pages of plates : illustrations ; 24 cm
System Control No.
(OCoLC)658580907
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Acknowledgements
ix
About the authors
xi
The author of the Foreword
xii
Foreword
xiii
1.
Prologue
17
In the Beginning
17
The Received Wisdom
19
An `Evidence-Based' Challenge
21
A Unitary Offence of Criminal Homicide and the Problem of `Labelling'
24
The Demise of the Mandatory Penalty
28
Pressing on with Change
29
A Government Initiative
31
A Question in the House of Lords
33
Uncoupling the Welded Chain
38
2.
A Jacobean Legacy: The Creativity Of Coke
47
In the Beginning: Laws for Less Orderly Times
50
A Forceful Man of Law; of Many Pans and Great Learning
55
Coke in the World of Jacobean England
58
The Concept of `Malice' in its Various Guises
61
The Legacy: What is it Worth?
66
3.
The Wisdom of Mr Justice Oliver Wendell Holmes Jr
69
The Ingredients of Murder; or How to Tell One Kind of Killing From Another
69
Fair Labelling
71
The Mental Element
72
Lawyers Play a Sort of Tennis: The Case of `Gypsy' Jim Smith
76
Holmes (Finally) Before Their Lordships
83
Holmes in Action
84
Holmes Versus Stephen
88
Holmes in the 21st Century
89
The Aims of the Criminal Law
91
Mens Rea: a Coda to Holmes?
93
Our Prescription
96
4.
The Law of Homicide
101
pt. I
The Substantive Law
101
Murder and Manslaughter
101
pt. II
The Defences to a Charge of Murder
114
5.
Secondary Liability in Homicide
147
6.
Fiats, Fords and Foresight: Excursions to the House of Lords from Woolmington to Smith
151
A Country Tragedy
151
Death on Another Winter Day
155
Murder---Manslaughter---then Murder Again: the Trials of `Gypsy Jim' Smith
161
The Social Background
168
The Granting of the fiat and the Composition of the Court
170
How Did Their Lordships Decide as They Did?
179
7.
A Tale of Two Amendments: or One Fixed Penalty for Another
181
The Problem
181
The Executive Takes Over: the Invention of the Tariff
182
What Happened in History: Events at the Time of Abolition
184
In the Beginning: A Tale of Two Amendments
185
A Lost Opportunity
189
Coda: Further Words on Parker I and Parker II
191
8.
Hunting the Chimera
193
9.
Clearing Up the Mess: or the Law Commission Attempts to Make Bricks Without Straw
211
What Went Before
211
A Parliamentary Diversion
213
The Conflicting Philosophies
217
The Howard Statement: Rumbold Revived
217
Enter the Law Commission, Belatedly
219
Criticism of Our Proposals
222
The Concept of the `Sanctity of Life' in the Context of Law
224
The Argument for a Return to a Single Offence of Criminal Homicide: Our Rejoinder to its Rejection
231
Degrees of Murder and the Mandatory Penalty
237
The Three-Tier Structure: Overview
238
10.
Homicide On the Road
239
Introduction
239
Gentlemen in Leather Coats and Goggles
241
Enter the Respectable Middle Classes
242
The 1956 Act: Sand is Thrown from the Descending Balloon
244
`It was a dreadful accident': the Offender as Co-Victim
247
Modernising the Law---Again
252
Matching the Penalty to the Fault
254
Wrong Concept: Wrong Place
256
A Final Consideration
258
11.
Corporations in the Dock
263
Introduction
263
Health and Safety: an Alternative to Prosecution for Homicide
265
The Difficulty of Prosecuting for Gross Negligence Manslaughter---the `Identification Principle'
266
Reforming the Law: an Act is Raised
268
The End of the `Identification Principle': Moving Forwards or Treading Water?
269
Corporations and Their Controlling Minds
272
12.
Familial Homicide
275
The Case of Inman and Akinrele
279
Resolving Conflict Between the Criminal and Family Courts
281
Conclusion
282
13.
Expert Evidence On Trial
285
14.
A Matter for The Jury
305
A Fundamental Institution
308
What Happened in History?
310
Objective Judgment---Guaranteed
314
The Problem of Bias
317
The Jury in Trials of Homicide
323
The Jury With a Mind of its Own: the `Downside' of Independence
327
Perverse Convictions
331
Another Problem for the Jury
337
Assisting the Jury to a Rational Outcome
342
Simplifying the Task
343
An Instruction Manual for Juries
343
Transparency in Jury Verdicts
345
Transparency and Human Rights
347
Researching the Jury System
348
15.
The Appellate Process: Equality of Arms
353
Acquittal, Quashed Convictions and Innocence
355
16.
What and How Long is `Life'?
361
Historical Perspective
361
`Whole Life' Today
366
The Way Forward
371
Vox Populi, Vox Legis
372
`It just cant be done'
373
17.
Sentencing Adrift and Parole
377
Ending the `Executive' Tariff: the Legislative Response
378
A Noisy Bark, But a Bite Less Mordant than Expected
379
Aggravating Factors
381
Mitigating Factors
381
The Experience of Operating Schedule 21
383
Parole
384
18.
Envoi
387
Glossary Of Some Terms Used in this Book
397
Appendix 1
Law Lords voting for the Parker Amendment on 27 July 1965
399
Appendix 2
Extracts from the Murder (Abolition of Death Penalty) Act 1965
401
Appendix 3
Life sentences for Murder
403
Appendix 4
Practice Direction (Crime: Mandatory Life Sentences) (No 2)
409
Appendix 5
Memorandum: Comments of the Law Commission on the Criminal Law Revision Committee's Working Paper on Offences Against the Person
419
Appendix 6
Extract from Law Commission Consultation Paper No 177
439
Index
443