Journal Cover
Journal of Criminal Law
Number of Followers: 400  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0022-0183 - ISSN (Online) 1740-5580
Published by Sage Publications Homepage  [1079 journals]
  • An Allegation as Proof of a Crime: R (Delaney) v Parole Board [2019] EWHC
           779 (Admin)
    • Authors: Andrew Beetham
      Pages: 304 - 306
      Abstract: The Journal of Criminal Law, Volume 83, Issue 4, Page 304-306, August 2019.

      Citation: The Journal of Criminal Law
      PubDate: 2019-08-14T09:12:06Z
      DOI: 10.1177/0022018319868329
       
  • Challenging a Community Protection Notice: A Defence in Criminal
           Proceedings for Its Breach' Stannard v CPS [2019] EWHC 84 (Admin)
    • Authors: Neil Parpworth
      Pages: 307 - 310
      Abstract: The Journal of Criminal Law, Volume 83, Issue 4, Page 307-310, August 2019.

      Citation: The Journal of Criminal Law
      PubDate: 2019-08-14T09:11:47Z
      DOI: 10.1177/0022018319868319
       
  • The Adequacy of Summing Up Directions for the Misconduct in Public Office
           Offence Involving Failure to Disclose a Conflict of Interest: HKSAR v
           Tsang Yam-kuen, Donald [2019] HKCFA 24
    • Authors: Martin Yat Cheung Kwan
      Pages: 311 - 314
      Abstract: The Journal of Criminal Law, Volume 83, Issue 4, Page 311-314, August 2019.

      Citation: The Journal of Criminal Law
      PubDate: 2019-08-14T09:11:51Z
      DOI: 10.1177/0022018319870333
       
  • ‘Interactive Communication’ and Driving—Does It Matter Whether It Is
           a Mobile or Camera' Director of Public Prosecutions v Ramsey Barreto
           [2019] EWHC 2044 (Admin)
    • Authors: Adam Snow
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2019-09-10T03:11:45Z
      DOI: 10.1177/0022018319875527
       
  • Innocent Victims and Vulnerable Offenders: Defending Impaired Adults Who
           Kill Children
    • Authors: Brenda Midson
      Abstract: The Journal of Criminal Law, Ahead of Print.
      There are few societies in which child abuse is not a serious issue, with homicide being the extreme form of such victimisation. Child homicide occurs in a wide array of circumstances but there is enough anecdotal evidence to suggest that many offenders who kill children are suffering from sometimes quite acute mental distress. There may also be other factors impacting on an offender’s ability to think rationally, which may not amount to any recognised disorder. While it is imperative that we prosecute and prevent child homicide, in doing so we must avoid overlooking the realities of other vulnerable people. In rejecting a binary approach to victims and offenders, this article argues that sometimes offenders may also be vulnerable due to an impaired ability to reason or to act in a truly voluntary way. New Zealand has repealed the defence of provocation and, apart from infanticide, offers no mitigation by way of diminished responsibility. Offenders who commit child homicide, but who do not meet the legal definition of insanity, will be liable for murder even though their capacity may have been impaired or overborne by circumstances. While, in this regard, New Zealand law is particularly deficient, there is an argument that other jurisdictions also fail to adequately respond to vulnerable offenders who kill children. This article seeks to outline the failures in existing legal frameworks to assign legal responsibility for these vulnerable offenders in a way that corresponds with their moral culpability. The article will then identify and evaluate proposals for reform. As Ulbrick and others observe, in the context of arguments about defensive homicide and mentally impaired defendants, it is critical that we ‘advocate for a greater range of legal responses to cover the nuance and complexities of lethal violence’ (Madeleine Ulbrick, Asher Flynn and Danielle Tyson ‘The Abolition of Defensive Homicide: A Step Towards Populist Punitivism at the Expense of Mentally Impaired Offenders’ (2016) 40 Melb Univ Law Rev 324, 330).
      Citation: The Journal of Criminal Law
      PubDate: 2019-07-12T03:11:34Z
      DOI: 10.1177/0022018319858505
       
  • Two Worlds Apart: A Comparative Analysis of the Effectiveness of Domestic
           Abuse Law and Policy in England and Wales and the Russian Federation
    • Authors: Kayliegh Richardson, Ana Speed
      Abstract: The Journal of Criminal Law, Ahead of Print.
      In 2015, s 76 of the Serious Crime Act 2015 introduced the new criminal offence of ‘controlling or coercive behaviour in an intimate or family relationship’. This is just one of many steps the UK government have taken in recent years to acknowledge the different forms of domestic abuse and power imbalances that can be present in intimate relationships. In contrast, in February 2017, the Russian government passed an amendment to the Russian Criminal Code to decriminalise some forms of assault, a step which many human rights activists have opposed. This article will compare the seemingly dichotomous approaches to domestic abuse adopted by England and Wales and Russia and will examine the effectiveness of both approaches in deterring domestic violence, providing adequate support for victims and meeting state obligations under international law. There has been extensive commentary on the approach to domestic abuse in England, the USA and Australia. In comparison, consideration of the approach in the Russian Federation is limited. This is in part due to the approach taken in Russia to dealing with domestic abuse as a private issue and the associated lack of available data. This article seeks to go behind closed doors to explore the Russian approach to tackling domestic abuse in a way that it has not previously been considered.
      Citation: The Journal of Criminal Law
      PubDate: 2019-06-25T06:37:37Z
      DOI: 10.1177/0022018319858478
       
  • Battered Woman Syndrome, Diminished Responsibility and Women Who Kill:
           Insights from Scottish Case Law
    • Authors: Rachel McPherson
      Abstract: The Journal of Criminal Law, Ahead of Print.
      Using Scotland as a case study, this article maps the development of Battered Woman Syndrome in law. It looks to the potential space for development that has been created by the recent case of Graham v HM Advocate, concluding that such a more would be an important step and one with significant implications for domestic abuse policy and the treatment of female accused more widely.
      Citation: The Journal of Criminal Law
      PubDate: 2019-06-25T06:37:36Z
      DOI: 10.1177/0022018319858506
       
  • Protecting Victims of Human Trafficking from Liability: An Evaluation of
           Section 45 of the Modern Slavery Act
    • Authors: Julia Muraszkiewicz
      Abstract: The Journal of Criminal Law, Ahead of Print.
      The evolution of protective measures offered to victims of human trafficking at a European regional level has begun to have an impact at a national level. In this article, the author explores a provision intended to guard victims of human trafficking, who have been compelled to commit crimes, against prosecution and punishment. The provision under scrutiny is the statutory defence found in s 45 of the Modern Slavery Act, 2015 (England and Wales). The article draws on the obligations spelt out in regional law (the 2005 Council of Europe Convention on Action Against Trafficking in Human Beings and Directive 2011/36 on preventing and combating trafficking in human beings and protecting its victims) and asks if England and Wales fulfil their duties with respect to protecting trafficked persons from being prosecuted and punished.
      Citation: The Journal of Criminal Law
      PubDate: 2019-06-20T03:15:25Z
      DOI: 10.1177/0022018319857497
       
  • R v BM: Errors in the Judicial Interpretation of Body Modification
    • Authors: Samuel Walker
      First page: 245
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2019-03-05T04:01:41Z
      DOI: 10.1177/0022018319834372
       
  • Dude Looks Like a Lady: Gender Deception, Consent and Ethics
    • Authors: Victoria Brooks, Jack Clayton Thompson
      First page: 258
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2019-03-06T03:23:03Z
      DOI: 10.1177/0022018319834373
       
  • Reconstructing unlawful and dangerous act manslaughter
    • Authors: Gavin Leigh
      First page: 272
      Abstract: The Journal of Criminal Law, Ahead of Print.
      In the last three decades, unlawful and dangerous act manslaughter has been subject to contradictory recommendations for reform. The debate has been dominated in that time by disagreement over the change of normative position, considered when attempting to justify liability for causing death in the commission of a crime with the objective risk of injury in the circumstances. The article suggests that this current definition of unlawful and dangerous act manslaughter is defensible if appropriately interpreted by the Supreme Court. The interpretation requires an intended unlawful act and the foreseeable risk of injury from a specific circumstance known to the defendant before the unlawful act.
      Citation: The Journal of Criminal Law
      PubDate: 2019-07-04T03:10:30Z
      DOI: 10.1177/0022018319860921
       
  • The Financial Investigation of Human Trafficking in the UK: Legal and
           Practical Perspectives
    • Authors: Ben Middleton, Georgios A Antonopoulos, Georgios Papanicolaou
      First page: 284
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2019-03-05T04:01:01Z
      DOI: 10.1177/0022018319834364
       
  • Is a Ligature a “Knife or Other Weapon”' R v Morgan [2018] EWCA
           Crim 954; [2018] WLR (D) 177
    • Authors: Andrew Beetham
      First page: 294
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2019-06-14T03:14:51Z
      DOI: 10.1177/0022018319857254
       
  • Deception and Qualifications: Revisiting the Ruling in R v Richardson'
           R v Melin [2019] EWCA Crim 557
    • Authors: Samantha Pegg, Mark Thomas
      First page: 298
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2019-07-24T03:22:17Z
      DOI: 10.1177/0022018319866275
       
 
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
Fax: +00 44 (0)131 4513327
 
Home (Search)
Subjects A-Z
Publishers A-Z
Customise
APIs
Your IP address: 100.26.182.28
 
About JournalTOCs
API
Help
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-