
Fine Lines and Distinctions
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Content
- Cover
- Copyright
- Contents
- Acknowledgements
- About the authors
- The author of the Foreword
- Foreword
- PROLOGUE
- In the Beginning
- The Received Wisdom
- An 'Evidence-Based' Challenge
- A Unitary Offence of Criminal Homicide and the Problem of 'Labelling'
- The Demise of the Mandatory Penalty
- Pressing on with Change
- A Government Initiative
- A Question in the House of Lords
- Uncoupling the Welded Chain
- A JACOBEAN LEGACY: THE CREATIVITY OF COKE
- In the Beginning: Laws for Less Orderly Times
- A Forceful Man of Law
- of Many Parts and Great Learning
- Coke in the World of Jacobean England
- The Concept of 'Malice' in its Various Guises
- The Legacy: What is it Worth?
- THE WISDOM OF MR JUSTICE OLIVER WENDELL HOLMES JR
- The Ingredients of Murder
- or How to Tell One Kind of Killing From Another
- Fair Labelling
- The Mental Element
- Lawyers Play a Sort of Tennis: The Case of 'Gypsy' Jim Smith
- Holmes (Finally) Before Their Lordships
- Holmes in Action
- Holmes Versus Stephen
- Holmes in the 21st Century
- The Aims of the Criminal Law
- Mens Rea: a Coda to Holmes?
- Our Prescription
- THE LAW OF HOMICIDE
- Part I: THE SUBSTANTIVE LAW
- Murder and Manslaughter
- Part II: THE DEFENCES TO A CHARGE OF MURDER
- SECONDARY LIABILITY IN HOMICIDE
- FIATS, FORDS AND FORESIGHT: EXCURSIONS TO THE HOUSE OF LORDS FROM WOOLMINGTON TO SMITH
- A Country Tragedy
- Death on Another Winter Day
- Murder?-?Manslaughter?-?then Murder Again: the Trials of 'Gypsy Jim' Smith
- The Social Background
- The Granting of the fiat and the Composition of the Court
- How Did Their Lordships Decide as They Did?
- A TALE OF TWO AMENDMENTS: OR ONE FIXED PENALTY FOR ANOTHER
- The Problem
- The Executive Takes Over: the Invention of the Tariff
- What Happened in History: Events at the Time of Abolition
- In the Beginning: A Tale of Two Amendments
- A Lost Opportunity
- Coda: Further Words on Parker I and Parker II
- PICTURE SECTION
- HUNTING THE CHIMÆRA
- CLEARING UP THE MESS: OR THE LAW COMMISSION ATTEMPTS TO MAKE BRICKS WITHOUT STRAW
- What Went Before
- A Parliamentary Diversion
- The Conflicting Philosophies
- The Howard Statement: Rumbold Revived
- Enter the Law Commission, Belatedly
- Criticism of Our Proposals
- The Concept of the 'Sanctity of Life' in the Context of Law
- The Argument for a Return to a Single Offence of Criminal Homicide: Our Rejoinder to its Rejection
- Degrees of Murder and the Mandatory Penalty
- The Three-Tier Structure: Overview
- HOMICIDE ON THE ROAD
- Introduction
- Gentlemen in Leather Coats and Goggles
- Enter the Respectable Middle Classes
- The 1956 Act: Sand is Thrown from the Descending Balloon
- 'It was a dreadful accident': the Offender as Co-Victim
- Modernising the Law?-?Again
- Matching the Penalty to the Fault
- Wrong Concept: Wrong Place
- A Final Consideration
- CORPORATIONS IN THE DOCK
- Introduction
- Health and Safety: an Alternative to Prosecution for Homicide
- The Difficulty of Prosecuting for Gross Negligence Manslaughter?-?the 'Identification Principle'
- Reforming the Law: an Act is Raised
- The End of the 'Identification Principle': Moving Forwards or Treading Water?
- Corporations and Their Controlling Minds
- FAMILIAL HOMICIDE
- The Case of Inman and Akinrele
- Resolving Conflict Between the Criminal and Family Courts
- Conclusion
- EXPERT EVIDENCE ON TRIAL
- A MATTER FOR THE JURY
- A Fundamental Institution
- What Happened in History?
- Objective Judgment?-?Guaranteed
- The Problem of Bias
- The Jury in Trials of Homicide
- The Jury With a Mind of its Own: the 'Downside' of Independence
- Perverse Convictions
- Another Problem for the Jury
- Assisting the Jury to a Rational Outcome
- Simplifying the Task
- An Instruction Manual for Juries
- Transparency in Jury Verdicts
- Transparency and Human Rights
- Researching the Jury System
- THE APPELLATE PROCESS: EQUALITY OF ARMS
- Acquittal, Quashed Convictions and Innocence
- WHAT AND HOW LONG IS 'LIFE'?
- Historical Perspective
- 'Whole Life' Today
- The Way Forward
- Vox Populi, Vox Legis
- 'It just can't be done'
- SENTENCING ADRIFT AND PAROLE
- Ending the 'Executive' Tariff: the Legislative Response
- A Noisy Bark, But a Bite Less Mordant than Expected
- Aggravating Factors
- Mitigating Factors
- The Experience of Operating Schedule 21
- Parole
- ENVOI
- Glossary
- Of Some Terms Used in this Book
- Law Lords voting for the Parker Amendment on 27 July 1965
- Extracts from the Murder (Abolition of Death Penalty) Act 1965
- Life sentences for Murder
- Practice Direction (Crime: Mandatory Life Sentences) (No 2)
- Memorandum: Comments of the Law Commission on the Criminal Law Revision Committee's Working Paper on Offences Against the Person
- Extract from Law Commission Consultation Paper No 177
- Index
- Back cover
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