Simester and Sullivan's Criminal Law

Theory and Doctrine

Author: A P Simester,J R Spencer,G R Sullivan,G J Virgo

Publisher: A&C Black

ISBN: 1782252061

Category: Law

Page: 980

View: 3287

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This is the fifth edition of the leading textbook on criminal law by Professors Simester, Spencer, Sullivan and Virgo. Simester and Sullivan is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan has been cited by appellate courts throughout the world. There have been a large number of important appellate decisions since the last edition of this work. This new case law, among other things, provides helpful guidance for the interpretation of offences under the Serious Crime Act 2007 and of the defence of loss of control provided by the Coroners and Justice Act 2009. There have been significant developments in the laws relating to rape, self-defence and defence of property, and duress. Special mention should be made of the continuing stream of appellate cases regarding the nature and scope of secondary liability in the crimes of others.
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Criminal Law

Theory and Doctrine

Author: A P Simester,G R Sullivan

Publisher: Hart Publishing

ISBN: N.A

Category: Law

Page: 695

View: 7884

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The book offers a sophisticated account of English criminal law combining theoretical precision and depth with an authoritative exposition of the law.
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Reconstructing Criminal Law

Text and Materials

Author: Nicola Lacey,Celia Wells,Oliver Quick

Publisher: Cambridge University Press

ISBN: 9780521606042

Category: Law

Page: 912

View: 2141

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The authors analyse central aspects of criminal law in the context of the assumptions surrounding it, and employ a number of critical approaches, including a feminist perspective, to give insights into the current state of the law.
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Criminal Law Theory

Doctrines of the General Part

Author: Stephen Shute,A. P. Simester

Publisher: Oxford University Press on Demand

ISBN: 9780199243495

Category: Law

Page: 332

View: 6053

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Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
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Complicity in International Law

Author: Miles Jackson

Publisher: OUP Oxford

ISBN: 0191056758

Category: Law

Page: 272

View: 8769

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This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
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House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639

Sixth Report of Session 2013-14, Report, Together with Formal Minutes

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

ISBN: 9780215062239

Category: Law

Page: 35

View: 7644

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The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion
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A New Homicide Act for England and Wales?

A Consultation Paper

Author: Great Britain: Law Commission

Publisher: The Stationery Office

ISBN: 9780117302648

Category: Law

Page: 336

View: 552

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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.
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Seeking Security

Pre-Empting the Commission of Criminal Harms

Author: G R Sullivan,Ian Dennis

Publisher: Bloomsbury Publishing

ISBN: 1847319297

Category: Law

Page: 370

View: 5902

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Many academic criminal lawyers and criminal law theorists seek to resolve the optimum conditions for a criminal law fit to serve a liberal democracy. Typical wish lists include a criminal law that intervenes against any given individual only when there is a reasonable suspicion that s/he has caused harm to the legally protected interests of another or was on the brink of doing so. Until there is conduct that gives rise to a reasonable suspicion of criminal conduct by an individual, s/he should be allowed to go about his or her business free from covert surveillance or other forms of intrusion. All elements of crimes should be proved beyond any reasonable doubt. Any punishment should be proportionate to the gravity of the wrongdoing and when the offender has served this punishment the account should be cleared and good standing recovered. Seeking Security explores the gap between the normative aspirations of liberal, criminal law scholarship and the current criminal law and practice of Anglophone jurisdictions. The concern with security and risk, which in large part explains the disconnection between theory and practice, seems set to stay and is a major challenge to the form and relevance of a large part of criminal law scholarship.
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Unlocking Criminal Law

Author: Jacqueline Martin,Tony Storey

Publisher: Routledge

ISBN: 1444171100

Category: Law

Page: 632

View: 436

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Criminal law is a dynamic and popular element of all law degrees. Unlocking Criminal Law will ensure that you grasp the main concepts with ease providing you with an indispensable foundation in the subject. The book explains in detailed, yet straightforward, terms: Background to criminal law HomicideActus reus Non-fatal offences against the personMens rea Sexual offencesStrict liability TheftParties to a crime Robbery, burglary and other offences in the Theft ActsInchoate offences Deception offencesCapacity Cri.
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