Criminal Law Pdf, Epub, Ebook

Total Page:16

File Type:pdf, Size:1020Kb

Criminal Law Pdf, Epub, Ebook CRIMINAL LAW PDF, EPUB, EBOOK Jacqueline Martin | 312 pages | 20 Feb 2014 | Taylor & Francis Ltd | 9780415833257 | English | London, United Kingdom Criminal Law PDF Book For example, larceny is the taking of the property of another with the intent to deprive them of it permanently. Ben Chase Kevin Bacon Medico Legal Aspect of Sexual Offences. Criminal law concerns the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals that commit crimes. Kelkar's Revised By K. Attempt Conspiracy Incitement Solicitation. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Surendra Malik; Sudeep Malik Forgiveness and Mercy. There are a number of defenses available to a defendant in a criminal prosecution. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission. A guilty mind means an intention to commit some wrongful act. Writer: Mark Kasdan. English criminal law has strongly influenced the law of Israel and that of the English-speaking African states. These actions were foreseeable and therefore creating liability for injuries. Scholars label this the requirement of an actus reus or guilty act. Physical or corporal punishment may be imposed such as whipping or caning , although these punishments are prohibited in much of the world. Company Credits. EBC Law and History Review. The republics formerly under the control of the Soviet Union also have actively revised their criminal codes, including Hungary , Bulgaria , Uzbekistan , Russia , Poland , Kazakhstan , Ukraine , and Romania Criminal law, as distinguished from civil law , is a system of laws concerned with punishment of individuals who commit crimes. Thus, proof of a crime requires proof of some act. Very few criminal cases go to trial. Mala in se offenses are felonies, property crimes, immoral acts and corrupt acts by public officials. In Germany a criminal code was adopted in following the reunification of East and West Germany. Penal Law prescribes nine levels of felonies, ranging from residential mortgage fraud in the fourth degree to terrorism. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes. Stillwell Karen Young England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. The U. Manslaughter Culpable Homicide in Scotland is a lesser variety of killing committed in the absence of malice , brought about by reasonable provocation , or diminished capacity. Drama Films watched. US Federal Law. Criminal Law Writer Drama Films watched. Many criminal codes protect the physical integrity of the body. Added to Watchlist. And the odd sex scene with Oldman and Karen Young seemed to have come from a different movie, although the rest of the time Miss Young did just fine. In the majority of the U. The first civilizations generally did not distinguish between civil law and criminal law. See also, Fagan v. Most criminal law is established by statute , which is to say that the laws are enacted by a legislature. He failed to correct the dangerous situation he created, as he was duty bound to do. Wrongfulness of intent also may vary the seriousness of an offense and possibly reduce the punishment but this is not always the case. A crime is any act or omission of an act in violation of a law forbidding or commanding it. Pagget's conduct foreseeably procured the heavy police response. Please help us improve our site! Defense of Others : the right of a person to protect a third party with reasonable force against an assailant who seeks to inflict force upon the third party. Martin Thiel Tess Harper White Collar Crimes White-collar crimes are offenses committed for financial gain and can include a broad range of crimes from certain types of theft and fraud to corruption and organized crime. It was reasonable for them to conclude that treatment was not in the patient's best interest, and should therefore be stopped, when there was no prospect of improvement. Compounding Malfeasance in office Miscarriage of justice Misprision Obstruction Perjury Perverting the course of justice. Law portal. Criminal law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group. Photo Gallery. He attempted to revive her, but gave up, believing her to be dead. This film suffers from oddness trying to cover up the predictability. The Israel Democracy Institute. Plea Bargains. With the development of the social sciences , there arose new concepts, such as those of the protection of the public and the reform of the offender. Wadsworth Publishing Co. Felony Infraction also called violation Misdemeanor. Church [] 1 QB Sentencing Guidelines The federal government and state governments have created various sentencing guidelines. When multiple parties are involved, the traditional first step is to classify the participants according to the following categories:. Murphy, Jeffrie Ahmad Siddiques Revised By S. Main article: Actus reus. Load Next Page. Length of incarceration may vary from a day to life. Harwood, Sterling Extraordinary Trials from Law Courts. Sumeet Malik Download as PDF Printable version. Criminal Law Reviews Clear your history. The criminal law of imperial Rome is collected in Books 47—48 of the Digest. Physical or corporal punishment may be imposed such as whipping or caning , although these punishments are prohibited in much of the world. Harwood, Sterling Liability for Accomplices When multiple parties are involved, the traditional first step is to classify the participants according to the following categories: Principal in the first degree — those who actually commit a crime i. Plot Summary. As to crimes of which both actus reus and mens rea are requirements, judges have concluded that the elements must be present at precisely the same moment and it is not enough that they occurred sequentially at different times. Intention under criminal law is separate from a person's motive [21] although motive does not exist in Scots law. Confinement may be solitary. Probation and Parole Probation can offer a more lenient alternative to a jail sentence, while parole allows a defendant to leave prison before the end of their sentence if they meet certain conditions. Creating a fear of imminent battery is an assault , and also may give rise to criminal liability. Fraud in the UK is a breach of the Fraud Act by false representation, by failure to disclose information or by abuse of position. However, the Fifth and Sixth Amendments of the Constitution protect citizens from unlawful questioning and interrogation by police officers, and cases such as Miranda v. Category Index Outline Portal. For example, the act of A striking B might suffice, or a parent's failure to give food to a young child also may provide the actus reus for a crime. While crimes are typically broken into degrees or classes to punish appropriately, all offenses can be divided into 'mala in se' and 'mala prohibita' laws. When do I need a lawyer for a criminal case? Many criminal codes provide penalties for conversion , embezzlement , theft , all of which involve deprivations of the value of the property. The criminal law generally prohibits undesirable acts. Contrasts can be drawn between the procedures of the two systems, yet even here there is a common effort to provide fair proceedings for the accused and protection for basic social interests. Martin Thiel. Download as PDF Printable version. Nonetheless, Congress has limited power to make criminal laws. A lawyer defends a killer, but soon after he wins, he finds out that the killer is guilty. Many criminal codes protect the physical integrity of the body. Fines also may be imposed, seizing money or property from a person convicted of a crime. The Nuremberg trials marked the beginning of criminal fault for individuals, where individuals acting on behalf of a government can be tried for violations of international law without the benefit of sovereign immunity. R v Brown 1 AC The United States Constitution sets forth these rights and the protections that are afforded to defendants. Archived from the original on Crime and Punishment: Philosophic Explorations. Textbook of Criminal Law. User Ratings. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes. As the Supreme Court explained in Robinson v. Property often is protected by the criminal law. The Evolution of Armie Hammer. He failed to take action, and after the building had burned down, he was convicted of arson. Criminal Law Read Online An actus reus may be nullified by an absence of causation. Ormerod, David When are search and seizure rules triggered? Excuses — these are partial defenses Duress : an individual may plead duress if another individual forced him or her to engage in the illegal conduct by force or threat of force. Kelkar's Criminal Procedure. See Article History. Criminal law is distinctive for the uniquely serious, potential consequences or sanctions for failure to abide by its rules. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Wrongfulness of intent also may vary the seriousness of an offense and possibly reduce the punishment but this is not always the case. July Learn how and when to remove this template message. Rate This. Added to Watchlist. Basic Concepts of Criminal Law.
Recommended publications
  • The Case for a Doctrine of Provocation in Nebraska, 61 Neb
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@University of Nebraska Nebraska Law Review Volume 61 | Issue 4 Article 2 1982 The aC se for a Doctrine of Provocation in Nebraska John R. Snowden University of Nebraska College of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation John R. Snowden, The Case for a Doctrine of Provocation in Nebraska, 61 Neb. L. Rev. (1982) Available at: https://digitalcommons.unl.edu/nlr/vol61/iss4/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. By John R. Snowden.* The Case For A Doctrine of Provocation in Nebraska I. INTRODUCTION Secure among the doctrines of the criminal law is the notion that malice is the distinguishing feature of any homicide to be pun- ished as murder.1 The doctrine of provocation 2 negates or excuses the malice of the actor and the unlawful homicide is punished as manslaughter rather than murder.3 The law of Nebraska obliquely recognizes the doctrine of provocation, but judicial opinion con- fuses the partial excusing defense of provocation with the statu- tory definition of the manslaughter offense.4 * Associate Professor of Law, University of Nebraska. The author wishes to thank Jerry Gosch for his research assistance during the summer of 1981. 1. See W. LAFAVE & A.
    [Show full text]
  • R V Vincent Tabak [2011]-A Murder Case in Bristol, England
    R v Vincent Tabak [2011]-a murder case in Bristol, England 1 CHAPTER ONE Introduction Joanna Yeates was a 25 year old woman who was murdered on 15 December 2010. Her body was discovered on 26 December 2010 and on 23 January 2011 her next door neighbour Dr Vincent Tabak, a highly qualified Dutch architectural engineer (working in Bath, England, United Kingdom) was arrested and charged with her murder. The murder trial began on Monday 10 October 2011. Court One was court where the murder trial took place at Bristol Crown Court, Small Street, Bristol. The jury was sworn in a few days before the trial began. There were no black persons among the jury even though Bristol has a huge representation of black persons among its citizens.[1] The Court Bristol Crown Court is a modern, busy court. The Crown Court is the correct jurisdiction for a murder trial. The status, jurisdiction and administration of the Crown Court is governed by the Constitutional Reform Act 2005, section 59 (5) and Schedule 11, paragraphs 1 and 26, and by certain sections of the Criminal Procedure Rules 2005. See the Statutory Instrument 2005 Number 384 (SI 2005/384). 2 Violence The concept of violence concerns most law-abiding citizens in all countries. Defining violence has long been debated among criminologists for most of this century and before this time. The term ‘violence’ some argue, lacks precision, which is why it is difficult to define, coupled with the fact that, embedded in events and actions which are perceived and understood as violent, are variable and conflicting conceptions of social and moral order.
    [Show full text]
  • When Sexual Infidelity Triggers Murder: Examining the Impact of Homicide Law Reform on Judicial Attitudes in Sentencing
    Jeremy Horder, Kate Fitz-Gibbon When sexual infidelity triggers murder: examining the impact of homicide law reform on judicial attitudes in sentencing Article (Accepted version) (Refereed) Original citation: Horder, Jeremy and Fitz-Gibbon, Kate (2015) When sexual infidelity triggers murder: examining the impact of homicide law reform on judicial attitudes in sentencing. The Cambridge Law Journal. ISSN 0008-1973 DOI: 10.1017/S0008197315000318 © 2015 Cambridge Law Journal and Contributors This version available at: http://eprints.lse.ac.uk/62446/ Available in LSE Research Online: June 2015 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s final accepted version of the journal article. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. WHEN SEXUAL INFIDELITY TRIGGERS MURDER: EXAMINING THE IMPACT OF HOMICIDE LAW REFORM ON JUDICIAL ATTITUDES IN SENTENCING Jeremy Horder (Department of Law, London School of Economics) and Kate Fitz-Gibbon (School of Humanities and Social Science, Deakin University) ABSTRACT In October 2010, the UK Parliament brought into effect law that replaced the partial defence to murder of provocation with a new partial defence of ‘loss of control,’ applicable to England, Wales and Northern Ireland.
    [Show full text]
  • Aspects of Female Criminality in Wales, C.1730-1830
    Aspects of Female Criminality in Wales, c. 1730-1830: Evidence from the Court of Great Sessions Catherine E. Horler-Underwood A dissertation submitted in fulfilment of the requirements for the degree of Doctor of Philosophy School of History, Archaeology and Religion Cardiff University 2014 i Summary This thesis draws on the extensive, underexplored records of the Court of Great Sessions for the period 1730-1830 to examine the nature and extent of Welsh women’s involvement in a range of serious crimes. Using both qualitative and quantitative methods, it provides an in-depth analysis of the characteristics of women indicted for various criminal activities, including crimes against the person and against the public peace, and offers explanations for their involvement, as far as the records allow. Information regarding the age, social position, and marital status of the female defendants has been compiled and analysed, and the extent to which these factors affected judicial outcomes is demonstrated. The broad geographical and chronological scope of this study also provides an insight into links between levels and types of crime involving women and their location, as well as changes over time. It is argued that there were distinctly gendered elements in the offences committed by women, the motivations attributed to them, and their treatment by the courts. There is no comparable study of female crime in the period encompassed by this thesis. Many historians of crime have wrongly assumed that experiences in Wales and England were the same, and both countries have often been analysed interchangeably. Welsh criminals, women included, have rarely been considered in their own right.
    [Show full text]
  • (In)Sincere Confessions in Arden of Faversham Cheryl Birdseye Oxford
    ‘Let death make amends for all my sins’: (In)Sincere Confessions in Arden of Faversham1 Cheryl Birdseye Oxford Brookes University [email protected] Forty years after Thomas Arden’s murder in Faversham, Kent, in 1551, his death was reimagined for the stage. The play focused on his wife, Alice, who was charged with petty-treason for conspiring with her lover, Mosby, and a group of assassins to end Arden’s life. The anonymous Arden of Faversham (1592) engaged with not only the events of the crime, which were known to audiences due to its notoriety and the availability of popular printed accounts in pamphlets and broadside ballads, but primarily with the testimony of Alice herself.2 The play became part of a wider cultural trend that was, in equal parts, anxious and fascinated by transgressive women and female modes of testimony. Whilst the play outwardly mirrored the practice of literary accounts, promising to present ‘the great malice and discimulation of a wicked woman, the vnsatiable desire of filthie lust and the shamefull end of all murderers’, the playwright more subtly experimented with – and ultimately challenged – audience 1 Anonymous, Arden of Faversham, ed. by Tom Lockwood and Martin White, New Mermaids 2nd edn (London: Bloomsbury Methuen Drama, 1982; 2nd edn, 2007; repr. 2013). All subsequent quotations are taken from this edition and will be cited parenthetically. 2 Likely source materials for the play include a pamphlet entitled A Cruel Murder Donne in Kent and a possible early draft of Arden of Faversham, called Murderous
    [Show full text]
  • Annotated Legal Cases on Physician-Assisted Suicide in the USA
    www.rbs2.com/pas.pdf 29 Jul 2012 Page 1 of 124 Annotated Legal Cases on Physician-Assisted Suicide in the USA Copyright 2005, 2012 by Ronald B. Standler no claim of copyright for works of the U.S. Government no claim of copyright for text of judicial opinions or other quotations Keywords assisted, assisting, Baxter, compassion, case, cases, death, die, Donaldson, dying, euthanasia, Glucksberg, Kevorkian, law, laws, legal, life, McIver, mercy killing, Oregon, physician, physician-assisted suicide, Quill, Sanderson, suicide, United States, U.S., U.S.A., Vacco Table of Contents Introduction . 3 definitions . 4 disclaimer . 5 Patients Who Want to Die . 6 reason we need physician-assisted suicide . 9 “It’s Over, Debbie” . 10 Suicide Was a Crime . 12 Assisting a Suicide Is a Crime . 13 statutes . 13 case law . 15 my comments . 17 possibility of criminal prosecution of physicians . 18 cases involving physicians . 20 cases involving nonphysicians . 22 consent of victim is not a defense . 24 Donaldson (Cal.App. 1992) . 27 Washington State v. Glucksberg (1994-97) . 31 en banc opinion of U.S. Court of Appeals . 32 six state interests . 39 1. preserving life . 40 www.rbs2.com/pas.pdf 29 Jul 2012 Page 2 of 124 2. preventing suicide . 42 3. preventing undue influence . 44 4. preventing injury to innocent third-parties . 45 5. protecting integrity of medical profession . 45 6. fear of adverse consequences . 46 the en banc majority opinion continues .... 46 U.S. Supreme Court . 48 Quill v. Vacco (1994-1997) . 65 U.S. Court of Appeals . 66 my comments on Quill . 70 Calabresi’s concurring opinion .
    [Show full text]
  • Structure of Homicide in Scots Law
    Edinburgh Research Explorer 'The most heinous of all crimes' Citation for published version: Maher, G 2010, 'The most heinous of all crimes': Reflections on the structure of homicide in Scots law. in J Chalmers & F Leverick (eds), Essays in Criminal Law in Honour of Sir Gerald Gordon. Edinburgh Studies in Law, Edinburgh University Press, Edinburgh, pp. 218-240. https://doi.org/10.3366/edinburgh/9780748640706.003.0024 Digital Object Identifier (DOI): 10.3366/edinburgh/9780748640706.003.0024 Link: Link to publication record in Edinburgh Research Explorer Document Version: Peer reviewed version Published In: Essays in Criminal Law in Honour of Sir Gerald Gordon Publisher Rights Statement: © Maher, G. (2010). 'The Most Heinous of all Crimes': Reflections on the Structure of Homicide in Scots Law. In J. Chalmers, & F. Leverick (Eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon. (pp. 218-40). (Edinburgh Studies in Law). Edinburgh: Edinburgh University Press. 10.3366/edinburgh/9780748640706.003.0024 General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 24.
    [Show full text]
  • Provocation's Problems
    Durham E-Theses Should Anger Mitigate Murder? An examination of the Doctrine of Loss of Control MCAVINEY, VINCENT,PATRICK How to cite: MCAVINEY, VINCENT,PATRICK (2011) Should Anger Mitigate Murder? An examination of the Doctrine of Loss of Control, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/3406/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 Should Anger Mitigate Murder? An Examination of the Doctrine of Loss of Control By Vincent Patrick McAviney Submitted for Master of Jurisprudence Durham Law School 2011 Should Anger Mitigate Murder? An Examination of the Doctrine of Loss of Control By Vincent Patrick McAviney On the 4th October 2010 the law of murder in England and Wales changed dramatically when the partial defence of Provocation was abolished by the Coroners and Justice Act 2009 and replaced with a new partial defence of Loss of Control.
    [Show full text]
  • Theoretical Underpinnings of the Doctrine of Transferred Malice
    STUDIA IURIDICA LXVII Piotr Sitnik University College London THEORETICAL UNDERPINNINGS OF THE DOCTRINE OF TRANSFERRED MALICE 1. INTRODUCTION Transferred malice1 is a concept the definition of which has proven elusive for both academic writers and judges. In its classic forms, the doctrine of trans- ferred intent applies when the defendant intends to kill one person but mistakenly kills another. The intent to kill the intended target is deemed to transfer to the unintended victim so that the defendant is guilty of murder. The paper contends that the theoretical rationale for transferred malice rests upon three pillars: first, the intent of the defendant; second, the consequence that befalls the unintended victim; and finally, public intuitions with regard to resulting harm. My purpose is to signal a handful of theoretical and philosophical conundrums which inev- itably spring up to existence upon a closer examination of the doctrine. I will express my personal inclinations with regard to some of the questions, whilst others will remain open. One notable feature of transferred malice is that it is a legal fiction which effectively conflates the actus reus (or, to be precise, the act) performed towards the unintended victim and the mens rea towards the intended or foreseen object2. Even though the phenomenon of transferred intent has not featured heavily in the case law, a lot of academic ink has been spilt on the subject. In this article, drawing more from judicial consideration of the topic, I will argue that in practice 1 In this article, terms “transferred intent” and “transferred malice” are used interchangeably, the latter being more common in English law.
    [Show full text]
  • V. Governor of Brixton Prisonn 18/11/16 09:47 Am
    R. (Al-Fawwaz) v. Governor of Brixton Prisonn 18/11/16 09:47 am House of Lords Regina (Al-Fawwaz) v Governor of Brixton Prison and another Regina (Abdel Bary) v Governor of Brixton Prison and another Regina (Eidarous) v Governor of Brixton Prison and another [2001] UKHL 69, [2002] 1 A.C. 556 DATES: 2001 Oct 22, 23, 24; Dec 17 COUNSEL: James Lewis, John Hardy and Khawar Qureshi for the respondent. Edward Fitzgerald QC and Keir Starmer for Al-Fawwaz. Ben Emmerson QC and Julian Knowles for Abdel Bary. Michael Mansfield QC and Timothy Maloney for Eidarous. SOLICITORS: CPS Headquarters; Raja & Partners; Ahmed & Co; Birnberg Peirce & Partners. JUDGES: Lord Slynn of Hadley, Lord Hutton, Lord Millett, Lord Scott of Foscote and Lord Rodger of Earlsferry 17 December. LORD SLYNN OF HADLEY 1 My Lords, your Lordships have heard three appeals together. 2 In the first the applicant Al-Fawwaz is accused in the United States District Court for the Southern District of New York of conspiring with Osama bin Laden and others between 1 January 1993 and 27 September 1998. It is alleged that they agreed that United States citizens would be murdered in the United States and elsewhere and that American officials in the Middle East and Africa and soldiers deployed in the United Nations Peacekeeping Forces, American diplomats and other internationally protected persons would be killed and bombs planted at United States embassies and other American installations. It is alleged that in furtherance [*566] of the alleged conspiracy members of a terrorist group, al- Qaeda which was founded and led by Osama bin Laden and was committed to violent opposition to the United States of America, bombed the United States embassies in Nairobi, Kenya and in Dar es Salam, Tanzania.
    [Show full text]
  • Self-Defense, Defense of Others, and the State
    MILLER_PROOF (DO NOT DELETE) 4/8/2017 2:00 PM SELF-DEFENSE, DEFENSE OF OTHERS, AND THE STATE DARRELL A. H. MILLER* I INTRODUCTION Self-defense often is described as being innate, inalienable, and individual. But the Supreme Court has never expressly held self-defense to be a constitutional right.1 Instead, for most of American history, courts and commentators pared self-defense from criminal sanctions, plucked it from the common law, or sounded it from the penumbras of Due Process or the Ninth Amendment.2 District of Columbia v. Heller3 is the closest the Court has come to stating that self-defense is a constitutional right. Heller held that the Second Amendment protects the right to keep and bear an arm in the home for self-protection.4 The majority described individual self-defense as the “central component” of the Second Amendment,5 a right that “pre-exist[s]” the written Constitution.6 In Heller’s sequel, McDonald v. City of Chicago, the majority described the right to Copyright © 2017 by Darrell A. H. Miller. This article is also available online at http://lcp.law.duke.edu/. * Professor, Duke Law School. Thanks to my Duke faculty colleagues at the summer workshop for their comments and especially to Susan Liebell, Maggie Lemos, and Alice Ristroph for their suggestions and insight. Leah Colucci provided excellent research assistance. 1. Geoffrey Christopher Rapp, Defense Against Outrage and the Perils of Parasitic Torts, 45 GA. L. REV. 107, 173 (2010) (“[T]he Supreme Court has never articulated self-defense as a constitutional right . .”); Eugene Volokh, Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs, 120 HARV.
    [Show full text]
  • Changing Paradigms in the Law of Homicide
    OHIO STATE LAW JOURNAL Volume 62, Number 3,2001 Changing Paradigms in the Law of Homicide TOM STACY* The law ofhomicide is undergoinga little noticedbut fundamental shift in how it classifies intentional homicides. Under the traditional approach, just a few aggravatingand mitigating circumstances decide whether a killing is classifiedas first or second-degreemurder or voluntary manslaughter.This approachhas begun to give way to a new approach,which derivesfrom the Model Penal Code'"s death penaltyprovisions. The expanding use and largersignificance of this new approach outside of the deathpenalty has been largely overlooked. This article examines the new approach as a generalframeworkfor grading intentional homicides. It argues that the traditionalcriteria for drawing lines between offenses frequently produce results that offend the purposes of criminal punishmentand basic moralsensibilities. The new gradingparadigm promises to do much betterby changingand expanding the circumstances relevantto the grade of the offense and by permitting the weighing of aggravatingagainst mitigating circumstances where both exist. The article argues that even the new approach must be modified to treat the killer's violation of family obligations as an aggravating circumstance in many situations. Otherwise, the law leaves itself vulnerable to a well-founded charge that it does not treat domestic violence with the seriousnessit deserves. To illustrateits points, the articlepresents the text ofa draft statutebased upon the new approach, applies that statute to selected cases, and defends it against pertinent objections. * Professor, University of Kansas School of Law. The author would like to thank David Gottlieb for helpful discussions and support. Research for this article was supported bythe General Research Fund of the University of Kansas.
    [Show full text]