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Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 0102943680 Category : Political Science Languages : en Pages : 280
Book Description
A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 0102943680 Category : Political Science Languages : en Pages : 280
Book Description
A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Author: Lita Linzer Schwartz Publisher: CRC Press ISBN: 1420009346 Category : Law Languages : en Pages : 297
Book Description
From governments that enact population-limiting legislation or commit wholesale neonaticide, to families who purposely allow a weak, infirm, or unfavorably gendered infant to perish rather than expend limited resources, neonaticide, infanticide, and filicide, are practiced on every continent and by every level of cultural complexity. Taking
Author: Rachel Dixon Publisher: Routledge ISBN: 1000474143 Category : History Languages : en Pages : 230
Book Description
Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.
Author: Margaret G. Spinelli Publisher: American Psychiatric Pub ISBN: 1585627542 Category : Medical Languages : en Pages : 310
Book Description
Maternal infanticide, or the murder of a child in its first year of life by its mother, elicits sorrow, anger, horror, and outrage. But the perpetrator is often a victim, too. The editor of this revealing work asks us to reach beyond rage, stretch the limits of compassion, and enter the minds of mothers who kill their babies -- with the hope that advancing the knowledge base and stimulating inquiry in this neglected area of maternal-infant research will save young lives. Written to help remedy today's dearth of up-to-date, research-based literature, this unique volume brings together a multidisciplinary group of 17 experts -- scholars, clinicians, researchers, clinical and forensic psychiatrists, pediatric psychoanalysts, attorneys, and an epidemiologist -- who focus on the psychiatric perspective of this tragic cause of infant death. This comprehensive, practical work is organized into four parts for easy reference: Part I presents historical and epidemiological data, including a compelling discussion of the contrasting legal views of infanticide in the United States, United Kingdom, and other Western countries, a review of the latest statistics on maternal infanticide, and a discussion of the problems of underreporting and the lack of available documentation. Part II covers the psychiatric, psychological, cultural, and biological underpinnings of infanticide, detailing how to identify, evaluate, and treat postpartum psychiatric disorders. The authors explore clinical diagnosis, symptom recognition, risk factors, biological precipitants, and alternative motives, such as cultural infanticide. Chapter 3, developed to assist the attorney or mental health professional in understanding the implications of postpartum psychiatric illness as they relate to infanticide, presents a sensitive and thorough inquiry into infanticidal ideation. Part III focuses on contemporary legislation, criminal defenses, and disparate treatment in U.S. law and compares U.S. law with the U.K.'s model of probation and treatment. Chapter 8 is an especially useful resource for the attorney or expert psychiatric witness preparing for an infanticide/neonaticide case in the criminal court system. Part IV discusses clinical experience with mothers as perpetrators and countertransference in therapy, the range of mother-infant interactions (from healthy to pathological), and methods of early intervention and prevention. This balanced perspective on a highly emotional issue will find a wide audience among psychiatric and medical professionals (child, clinical, and forensic psychiatrists and psychologists; social workers; obstetricians/gynecologists and midwives; nurses; and pediatricians), legal professionals (judges, attorneys, law students), public health professionals, and interested laypersons.
Author: Karen Brennan Publisher: Bloomsbury Publishing ISBN: 1509961666 Category : Law Languages : en Pages : 301
Book Description
This book provides the first comprehensive and detailed analysis of the Infanticide Act and its impact in England and Wales and around the world. It is 100 years since an Infanticide Act was first passed in England and Wales. The statute, re-enacted in 1938, allows for leniency to be given to women who kill their infants within the first year of life. This legislation is unique and controversial: it creates a specific offence and defence that is available only to women who kill their biological infants. Men and other carers are not able to avail of the special mitigation provided by the Act, nor are women who kill older children. The collection brings together leading experts in the field to offer important insights into the history of the law, how it works today, the impact and legacy of the statute and potential futures of infanticide laws around the world. Contributors consider the Act in practice in England and Wales, the ways it has been portrayed in the British media and justifications for and criticisms of the provision of special treatment for women who kill their infants within a year of birth. It also looks at the criminal justice responses to infanticide in other jurisdictions, such as Australia, Ireland, Sweden and the United States of America.
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780117302648 Category : Law Languages : en Pages : 356
Book Description
This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006.
Author: Great Britain: Law Commission Publisher: Stationery Office ISBN: 9780101694520 Category : Law Languages : en Pages : 0
Book Description
Following on from a report by the House of Lords Select Committee on the Constitution (HCP 173-I, session 2003-04; ISBN 0104005416), published in October 2004, and a Law Commission consultation paper (Consultation Paper no. 178; ISBN 0117302635), published in January 2006, this report examines the options for ensuring effective post-legislative scrutiny of legislation. This refers to mechanisms which seek to review the effects of laws in operation in order to analyse how effectively the intended policy objectives have been met, to ensure better regulation and to identify good practice. The report notes that there is overwhelming support for the principle that there should be a more systematic approach to post-legislative scrutiny and that such scrutiny should be controlled by Parliament. It recommends the setting up of a new Parliamentary joint committee on post-legislative scrutiny, supported by the Scrutiny Unit, which could be involved in the pre-legislative as well as post-legislative stage; and the need for enhanced regulatory impact assessments (RIAs) to ensure the policy objectives of legislation are clearly stated. The report includes case studies of past legislation which have been included as potential candidates for post-legislative scrutiny to illustrate problems encountered, as well as examples of post-legislative scrutiny in Scotland, Switzerland and Canada.
Author: Sally Cunningham Publisher: Routledge ISBN: 1317157877 Category : Law Languages : en Pages : 268
Book Description
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
Author: Great Britain: Law Commission
Author: Great Britain: Law Commission
Author: Lita Linzer Schwartz
Author: New South Wales. Law Reform Commission
Author: Rachel Dixon
Author: Margaret G. Spinelli
Author: Judicial Commission of New South Wales
Author: Karen Brennan
Author: Great Britain: Law Commission
Author: Great Britain: Law Commission
Author: Sally Cunningham