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Vol 21 No 10 Oct/Nov 2016

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Homicide Law Reform, Gender and the Provocation Defence: A Comparative Perspective


ISBN13: 9781137357540
Published: September 2014
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £68.00



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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.

Subjects:
Criminal Law
Contents:
Introduction: The Partial Defence of Provocation

PART I: THE PROBLEM OF PROVOCATION
1. Male Honour and the Provocation Defence
2. Jealous Men and Provocative Women
3. The Plight of the Provoked Battered Woman

PART II: ADDRESSING THE PROVOCATION PROBLEM - DIVERGENT APPROACHES TO HOMICIDE LAW REFORM
4. Addressing the Provocation Problem
5. Abolishing Provocation - the Victorian Experience
6. Replacing Provocation - the English Experience
7. Restricting Provocation - the New South Wales Experience

PART III: THE INTENDED AND UNINTENDED EFFECTS OF HOMICIDE LAW REFORM
8. New Laws, Same Problems - Alternative Categories to Murder
9. The Difficulty of Law Reform for Battered Women Who Kill
10. Complicating the Law of Homicide
11. Questions of Sentencing in the Provocation Debate Conclusion: The Partial Defence of Provocation and Lessons for Law Reform