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General Defences in Criminal Law: Domestic and Comparative Perspectives

General Defences in Criminal Law: Domestic and Comparative Perspectives

Author: Alan Reed; Michael Bohlander
Publisher: Routledge
ISBN: 9781472433350
Published In: January 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform.

The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

Introduction.

Part I: How criminal defences work, William Wilson

Avoiding criminal liability and excessive punishment for persons who lack culpability: what can and should be done?, Bob Sullivan

Prior fault: blocking defences or constructing crimes, John J. Child

Transfer of defences, Michael Bohlander

Consent in the criminal law: the importance of relationality and responsibility, Jonathan Herring

Good and harm, excuses and justifications and the moral narratives of necessity, Susan Edwards

Duress and normative moral excuse: comparative standardisations and the ambit of affirmative defences, Alan Reed

Of blurred boundaries and prior fault: insanity, automatism and intoxication, Arlie Loughnan and Nicola Wake

Mistaken private defence: the case for reform, Claire de Than and Jesse Elvin

Statutory defences of reasonableness: inexcusable uncertainty or reasonable pragmatism, Christopher J. Newman

How do they do that? Automatism, coercion, necessity and mens rea in Scots criminal law, Claire McDiarmid