Homicide Law Reform, Gender and the Provocation Defence [electronic resource] : A Comparative Perspective /
Fitz-Gibbon, Kate(Lecturer in criminology),author.
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Description based upon print version of record.
Cover; Contents; List of Tables; Acknowledgements; List of Abbreviations; Introduction: The Partial Defence of Provocation; The partial defence of provocation; The law's potential for reform; An international comparison of homicide law reform; A view from within: researching the law in operation; An examination of the aftermath of provocation: book outline; Part I: The Problem of Provocation; 1 Male Honour and the Provocation Defence; Adultery and 'crimes of passion'; The homosexual advance defence; A cultural excuse for murder?; 2 Jealous Men and Provocative Women
Jealous men and the sexual infidelity defenceLethal separation assault and the provocation defence; Victims on trial; Excusing lethal domestic violence; The declining use of the provocation defence; 3 The Plight of the Provoked Battered Woman; The importance of timing and proportionality; The convictions that led to change; Provocation as a safety net for battered women who kill; Provoked to kill or acting in self-defence?; Part II: Addressing the Provocation Problem - Divergent Approaches to Homicide Law Reform; 4 Addressing the Provocation Problem
The partial defence of provocation in AustraliaThe partial defence of provocation internationally; An issue of international concern; 5 Abolishing Provocation - The Victorian Experience; The road to change: provocation in Victoria from 1990 to 2004; The Victorian Law Reform Commission (VLRC); Abolishing the partial defence of provocation; Implementing the new offence of defensive homicide; 6 Replacing Provocation - The English Experience; The recommendations of the Law Commission; The Coroners and Justice Act: implementing loss of control
Responses to the new partial defence of loss of controlThe need for monitoring and evaluation after a decade of reform; 7 Restricting Provocation - The New South Wales Experience; The operation of provocation in New South Wales; The case that sparked reform: Singh v R; The NSW Parliamentary Inquiry; Retaining provocation . . . again; Post-reform evaluation and reflection; Part III: The 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 provocationRewriting a change: the trial of Jon-Jacques Clinton; Still legitimising lethal violence: the unintended effect of alternative categories post-reform; 9 The Difficulty of Law Reform for Battered Women who Kill; Defensive homicide as a safety net for battered women; A law intended for women, abused by men; The importance of evidence reforms and the law of self-defence; The law of homicide for battered women; 10 Complicating the Law of Homicide; The complicated provocation defence continues; Defensive homicide and the law of self-defence
The complicated partial defence of loss of control
Includes bibliographical references and indexes.
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Crime-Sociological aspects.
Criminal Law.
Sociology.
Corrections.
Punishment.
Criminology.
Crime and Society.
Criminal Law and Criminal Procedure Law.
Gender Studies.
Prison and Punishment.
Criminology and Criminal Justice, general.
Fundamentals of Law.