
With Malice Aforethought
A Study of the Crime and Punishment for Homicide
Hart Publishing
Published on 19. October 2004
Book
Hardback
216 pages
978-1-84113-485-7 (ISBN)
Description
For more than three centuries the criminal law has given rise to a divergent set of approaches to the crime of homicide. Whereas the law of murder has not conceptually changed,the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of unlawful killing present considerable problems relating to intention, or lack of it, and the culpability of those whose behaviour, while lacking in evident malice, is characterised by the grossest recklessness. The reaction of the relatives of victims is generally simpler. They frequently find it impossible to understand how those who kill by dangerous or drunken driving may receive comparatively lenient sentences, while those convicted of manslaughter following a drunken brawl may be dealt with more severely, and yet others, convicted of so-called 'mercy killings', are subject to the mandatory penalty of life imprisonment. This book addresses the powerful and controversial arguments for the current distinctions between murder, manslaughter and other specific categories of crime to be abolished and subsumed within a single crime of culpable homicide.
In the course of this analysis the authors consider a number of issues of great contemporary importance, including the presentation of expert evidence in cases involving unexplained infant death, corporate killing, and the question of the defences available to the accused, including self-defence and provocation, where popular notions of what is reasonable or justifiable may be at variance with legal precedent. While this book aims to consider criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for radical reform.
In the course of this analysis the authors consider a number of issues of great contemporary importance, including the presentation of expert evidence in cases involving unexplained infant death, corporate killing, and the question of the defences available to the accused, including self-defence and provocation, where popular notions of what is reasonable or justifiable may be at variance with legal precedent. While this book aims to consider criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for radical reform.
Reviews / Votes
The arguments in this book have been well made, with an intimate knowledge of the territory and an understanding of the positions and motivations of the opposing forces... Bron McKillop Current Issues in Criminal Justice, Vol. 17, No. 2 November 2005 ...a fascinating book that exposes the limitations of the current laws on homicide and makes a fascinating historical revelation that exposes the nature of contemporary public policy debate. Jamie Bennett Prison Service Journal January 2006 Once in a while one has the signal pleasure of coming across a truly remarkable book, a book that serves as a pathway to enlightened thought on a subject and which makes plain the sheer joy of scholarship. With Malice Aforethought A Study of the Crime and Punishment for Homicide is such a book the authors have infused their book not only with the estimable erudition but also with the passion of the advocate who believes fundamentally in the cause being advancedAn arresting and rich tableau of arguments. Gilles Renaud, Cornwall, ON Canadian Journal of Criminology and Criminal Justice March 2005 This is an important book. Robert S Shiels Journal of the Law Society of Scotland April 2005More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 17 mm
Weight
514 gr
ISBN-13
978-1-84113-485-7 (9781841134857)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Louis Blom-Cooper | Terence Morris
With Malice Aforethought
A Study of the Crime and Punishment for Homicide
E-Book
10/2004
1st Edition
Hart Publishing
€77.49
Available for download
Persons
Sir Louis Blom-Cooper QC is a member of the English bar,a well-known writer on a wide range of legal matters, and the distinguished chair of many commissions of inquiry. Terence Morris was for many years a Professor of Criminology at the London School of Economics and Political Science.
Content
1. Prologue and Apologia
2. The Legacy of Sr. Edward Coke, Knight
3. Murder Will Out: The Substantive Law Today
4. Hunting the Chimaera
5. Expert Evidence on Trial
6. The Past Revisited: When Memory Lifts the Latch
7. On the Dealing Floor of the Lords: Rewind to 1965
8. The Starting Points: Where Do They End?
9. Corporate Killing
10. Motorised Killing
11. The Appellate Process
12. The Crime and the Penalty: Thinking Outside the Box
2. The Legacy of Sr. Edward Coke, Knight
3. Murder Will Out: The Substantive Law Today
4. Hunting the Chimaera
5. Expert Evidence on Trial
6. The Past Revisited: When Memory Lifts the Latch
7. On the Dealing Floor of the Lords: Rewind to 1965
8. The Starting Points: Where Do They End?
9. Corporate Killing
10. Motorised Killing
11. The Appellate Process
12. The Crime and the Penalty: Thinking Outside the Box