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Homicide law reform, gender and the provocation defence : a comparative perspective / Kate Fitz-Gibbon.
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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.
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Published/Created:Houndmills, Basingstoke, Hampshire : Palgrave Macmillan, 2014.
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K5086 .F58 2014
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Provocation (Criminal law)
Murder--Law and legislation.
Women, Violence against.
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Description:xiii, 315 pages ; 23 cm
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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.
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Notes:Includes bibliographical references and index.
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ISBN:9781137357540
1137357541
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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.