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• Title:Homicide law reform, gender and the provocation defence : a comparative perspective / Kate Fitz-Gibbon.
  
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• Author/Creator:Fitz-Gibbon, Kate (Lecturer in criminology), author.
  
• Published/Created:Houndmills, Basingstoke, Hampshire : Palgrave Macmillan, 2014.
  

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K5086 .F58 2014
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Provocation (Criminal law)
  Murder--Law and legislation.
  Women, Violence against.
  
• Description:xiii, 315 pages ; 23 cm
  
• Summary:The operation of the partial defence of provocation has animated significant debate for more than two decades among scholars, legal practitioners, politicians and the community. In recognition of the injustices that result from its operation, criminal justice systems worldwide have conducted reviews of the law of provocation and have implemented divergent reforms targeted at minimizing the influence of gender bias in the law's operations. Drawing on the voices of over one hundred members of the Victorian, New South Wales and English criminal justice systems, this book provides a much-needed comparative analysis of the operation of this controversial partial defence to murder, the varied approaches taken to reforming the law of provocation and the effects of these reforms in practice. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon's analysis provides a unique view of the injustice of the provocation defence alongside the unintended consequences of homicide law reform that either retains, replaces or abolishes the doctrine. This insightful book offers valuable lessons for future jurisdictions that seek to improve the adequacy of the law's response to lethal violence and to solve the problem of provocation, and will appeal to scholars of Criminology, Socio-Legal Studies and Law, as well as domestic violence advocates and legal stakeholders.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781137357540
  1137357541
  
• Contents:Machine generated contents note: partial defence of provocation
  law's potential for reform
  international comparison of homicide law reform
  view from within: researching the law in operation
  examination of the aftermath of provocation: book outline
  pt. I Problem of Provocation
  1. Male Honour and the Provocation Defence
  Adultery and 'crimes of passion'
  homosexual advance defence
  cultural excuse for murder?
  2. Jealous Men and Provocative Women
  Jealous men and the sexual infidelity defence
  Lethal separation assault and the provocation defence
  Victims on trial
  Excusing lethal domestic violence
  declining use of the provocation defence
  3. Plight of the Provoked Battered Woman
  importance of timing and proportionality
  convictions that led to change
  Provocation as a safety net for battered women who kill
  Provoked to kill or acting in self-defence?
  pt. II Addressing the Provocation Problem
  Divergent Approaches to Homicide Law Reform
  4. Addressing the Provocation Problem
  partial defence of provocation in Australia
  partial defence of provocation internationally
  issue of international concern
  5. Abolishing Provocation
  The Victorian Experience
  road to change: provocation in Victoria from 1990 to 2004
  Victorian Law Reform Commission (VLRC)
  Abolishing the partial defence of provocation
  Implementing the new offence of defensive homicide
  6. Replacing Provocation
  The English Experience
  recommendations of the Law Commission
  Coroners and Justice Act: implementing loss of control
  Responses to the new partial defence of loss of control
  need for monitoring and evaluation after a decade of reform
  7. Restricting Provocation
  The New South Wales Experience
  operation of provocation in New South Wales
  case that sparked reform: Singh V R
  NSW Parliamentary Inquiry
  Retaining provocation...again
  Post-reform evaluation and reflection
  pt. III Intended and Unintended Effects of Homicide Law Reform
  8. New Laws, Same Problems
  Alternative Categories to Murder
  Warning signs: the trial of Luke Middendorp
  Defensive homicide as provocation
  Loss of control as provocation
  Rewriting a change: the trial of Jon-Jacques Clinton
  Still legitimising lethal violence: the unintended effect of alternative categories post-reform
  9. Difficulty of Law Reform for Battered Women who Kill
  Defensive homicide as a safety net for battered women
  law intended for women, abused by men
  importance of evidence reforms and the law of self-defence
  law of homicide for battered women
  10. Complicating the Law of Homicide
  complicated provocation defence continues
  Defensive homicide and the law of self-defence
  complicated partial defence of loss of control
  compromised form of justice
  Reforms that make a mess of the law
  11. Questions of Sentencing in the Provocation Debate
  Mandatory life sentencing and the provocation debate
  Presumptive minimum sentencing and the provocation debate
  Judge or jury?
  importance of a label: murder or manslaughter?
  Considering provocation in sentencing for murder
  Conclusion: The Partial Defence of Provocation and Lessons for Law Reform
  role of criminal law in delegitimising lethal male violence and ending narratives of victim-blaming
  importance of professional development and community education
  Beyond the law of provocation: lessons for criminal law reform
  Where to next?
  Appendices
  Appendix A
  Appendix B
  Appendix C
  Appendix D
  Appendix E.