Download Fine Lines and Distinctions : Murder, Manslaughter and the Unlawful Taking of Human Life by Terence Morris PDF
9781904380665 English 1904380662 A most powerful commentary on the law of murder (and other unlawful killings), its history, modern-day development, wholesale deficiencies and unjust penal consequences. This book by two of the UK's leading and most forthright commentators reappraises earlier acclaimed writings such as With Malice Aforethought: A Study of the Crime and Punishment for Homicide (2004), Hart Publishing.* It examines and puts forward what Lord Judge in his Foreword describes as 'trenchant views' on correcting two particular strands of deficiency: the present definition of murder and the penalty for that offence. It will be of importance to lawyers, academics, students and others wishing to better understand these key issues at a time of change: a definitive account of the most serious offence in the criminal calendar and the impact of the mandatory sentence of life imprisonment for murder on some 8,000 serving prisoners. At a time when the Law Commission has suggested a division of murder into two categories, with manslaughter remaining, and a review of sentencing as a whole is imminent, the book focuses on earlier lamentable failures to deal with the problems of definition and sentencing which began with the Homicide Act 1957 and were not addressed at the time of the abolition of capital punishment a decade later. Taking as a main focus the extraordinarily controversial decision of the House of Lords in the case of DPP v Smith (1960), the book contains fresh insights based on a close study of that and the earlier case of R v Hedley and Jenkins (1945). The authors demonstrate how -largely hidden from public view - politics, law-making, judicial decision-making and myth somehow became intertwined in a way that would now be unacceptable in a more transparent, rights conscious and informed age. As Lord Parker, Lord Chief Justice stated in the debate in the House of Lords at the time of the abolition of the death penalty, 'I dislike fine lines and technical distinctions'. Yet as Lord Mustill began a judgment in the Judicial Committee of that same House as late as 1998 (Attorney-Generals' Reference No.3 of 1994), the law of homicide: 'is permeated by anomaly, fiction, misnomer and obsolete reasoning'. The Law Commission has more recently affirmed that the law of murder remains in a 'mess'. It is to these matters that the authors address themselves with unrivalled experience. * From the reviews of that earlier commentary: 'In their book, Blom-Cooper and Morris argue powerfully and authoritatively for the abolition of the separate crimes of murder and manslaughter . . . Many of [the] issues have been debated by lawyers for many years - but rarely so coherently': Counsel, April 2005 'Once in a while one has the signal pleasure of coming across a truly remarkable book, a nook that serves as a pathway to enlightened thought on a given subject and which makes plain the sheer joy of scholarship': Canadian Criminal Justice Association Journal of Criminology, Written by two of the UK's leading experts on the law of homicide, contains new information and analysis and suggests a radical new solution to the 'mess' which English homicide law has become. In this powerful account, the authors show that-from Sir Edward Coke's classic common law definition of murder, through political fixes, poorly thought-out compromises and misguided legislative or Executive tinkering-the English law of homicide is in 'a mess'. Even the most adept legal minds are faced with what has been described in Parliament as 'fine lines and distinctions'. What must juries make of messy laws and how can anyone have confidence in criminal justice if laws affecting some of the most serious offences in the criminal calendar are deeply flawed? To make matters worse, the entire subject of homicide in England and Wales is further distorted by the existence of the mandatory life sentence for murder. Building on unrivalled knowledge, extensive research, close practical observation and incisive analysis, Professor Terence Morris and Sir Louis Blom-Cooper QC trace the development of the law of homicide from early times to the present day. They counter and dismantle specious arguments for preserving the status quo and point out that only root and branch reform of the basis of liability for homicide and its sentencing regime will serve to restore justice, fairness and political probity. Professor Terence Morris and Sir Louis Blom-Cooper QC are two of the UK's leading experts on the law of homicide, having studied developments together for over 50 years. This has led them to recognise the extent of disquiet, especially following 'particularly troubling cases' and to conclude that the law of homicide in England and Wales is 'an unsatisfactory law enveloped in a political fix'. Their suggestion of a replacement single offence of criminal homicide coupled with abolition of the mandatory life sentence for murder in favour of discretion at the sentencing stage demands close study by judges, lawyers, legislators, academics, penal reformers and anyone who senses that something is seriously amiss. Reviews 'This is no dry legal tome. The authors present their case in a bracing, persuasive and highly readable way... This is an important and stimulating work that should engage not just the legal practitioner, politician or law student but anyone concerned with our justice system or puzzled by the conduct and outcome of a murder trial': guardian.co.uk (click for full review). 'Fine Lines and Distinctions prompted me to pay more attention to and reflect further on those who have killed. Though its primary focus is the law - specifically a potentially significant improvement to the law - I also warmly recommend it to anyone interested in lifers ': Independent Monitor 'This timely, provocative and certainly topical book puts forward a closely argued and well supported case for encouraging "a root and branch reform of the law of homicide" ...(and) provides ample evidence and ammunition to those who would agree that such a reform should be put in place as a matter of urgency': Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers. Launched at Middle Temple, 30 June 2011 by Lord Judge - click for photos from the Fine Lines and Distinctions launch.
9781904380665 English 1904380662 A most powerful commentary on the law of murder (and other unlawful killings), its history, modern-day development, wholesale deficiencies and unjust penal consequences. This book by two of the UK's leading and most forthright commentators reappraises earlier acclaimed writings such as With Malice Aforethought: A Study of the Crime and Punishment for Homicide (2004), Hart Publishing.* It examines and puts forward what Lord Judge in his Foreword describes as 'trenchant views' on correcting two particular strands of deficiency: the present definition of murder and the penalty for that offence. It will be of importance to lawyers, academics, students and others wishing to better understand these key issues at a time of change: a definitive account of the most serious offence in the criminal calendar and the impact of the mandatory sentence of life imprisonment for murder on some 8,000 serving prisoners. At a time when the Law Commission has suggested a division of murder into two categories, with manslaughter remaining, and a review of sentencing as a whole is imminent, the book focuses on earlier lamentable failures to deal with the problems of definition and sentencing which began with the Homicide Act 1957 and were not addressed at the time of the abolition of capital punishment a decade later. Taking as a main focus the extraordinarily controversial decision of the House of Lords in the case of DPP v Smith (1960), the book contains fresh insights based on a close study of that and the earlier case of R v Hedley and Jenkins (1945). The authors demonstrate how -largely hidden from public view - politics, law-making, judicial decision-making and myth somehow became intertwined in a way that would now be unacceptable in a more transparent, rights conscious and informed age. As Lord Parker, Lord Chief Justice stated in the debate in the House of Lords at the time of the abolition of the death penalty, 'I dislike fine lines and technical distinctions'. Yet as Lord Mustill began a judgment in the Judicial Committee of that same House as late as 1998 (Attorney-Generals' Reference No.3 of 1994), the law of homicide: 'is permeated by anomaly, fiction, misnomer and obsolete reasoning'. The Law Commission has more recently affirmed that the law of murder remains in a 'mess'. It is to these matters that the authors address themselves with unrivalled experience. * From the reviews of that earlier commentary: 'In their book, Blom-Cooper and Morris argue powerfully and authoritatively for the abolition of the separate crimes of murder and manslaughter . . . Many of [the] issues have been debated by lawyers for many years - but rarely so coherently': Counsel, April 2005 'Once in a while one has the signal pleasure of coming across a truly remarkable book, a nook that serves as a pathway to enlightened thought on a given subject and which makes plain the sheer joy of scholarship': Canadian Criminal Justice Association Journal of Criminology, Written by two of the UK's leading experts on the law of homicide, contains new information and analysis and suggests a radical new solution to the 'mess' which English homicide law has become. In this powerful account, the authors show that-from Sir Edward Coke's classic common law definition of murder, through political fixes, poorly thought-out compromises and misguided legislative or Executive tinkering-the English law of homicide is in 'a mess'. Even the most adept legal minds are faced with what has been described in Parliament as 'fine lines and distinctions'. What must juries make of messy laws and how can anyone have confidence in criminal justice if laws affecting some of the most serious offences in the criminal calendar are deeply flawed? To make matters worse, the entire subject of homicide in England and Wales is further distorted by the existence of the mandatory life sentence for murder. Building on unrivalled knowledge, extensive research, close practical observation and incisive analysis, Professor Terence Morris and Sir Louis Blom-Cooper QC trace the development of the law of homicide from early times to the present day. They counter and dismantle specious arguments for preserving the status quo and point out that only root and branch reform of the basis of liability for homicide and its sentencing regime will serve to restore justice, fairness and political probity. Professor Terence Morris and Sir Louis Blom-Cooper QC are two of the UK's leading experts on the law of homicide, having studied developments together for over 50 years. This has led them to recognise the extent of disquiet, especially following 'particularly troubling cases' and to conclude that the law of homicide in England and Wales is 'an unsatisfactory law enveloped in a political fix'. Their suggestion of a replacement single offence of criminal homicide coupled with abolition of the mandatory life sentence for murder in favour of discretion at the sentencing stage demands close study by judges, lawyers, legislators, academics, penal reformers and anyone who senses that something is seriously amiss. Reviews 'This is no dry legal tome. The authors present their case in a bracing, persuasive and highly readable way... This is an important and stimulating work that should engage not just the legal practitioner, politician or law student but anyone concerned with our justice system or puzzled by the conduct and outcome of a murder trial': guardian.co.uk (click for full review). 'Fine Lines and Distinctions prompted me to pay more attention to and reflect further on those who have killed. Though its primary focus is the law - specifically a potentially significant improvement to the law - I also warmly recommend it to anyone interested in lifers ': Independent Monitor 'This timely, provocative and certainly topical book puts forward a closely argued and well supported case for encouraging "a root and branch reform of the law of homicide" ...(and) provides ample evidence and ammunition to those who would agree that such a reform should be put in place as a matter of urgency': Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers. Launched at Middle Temple, 30 June 2011 by Lord Judge - click for photos from the Fine Lines and Distinctions launch.