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Vol 25 No 2 Feb/March 2020

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Alternative Offences and Defences to Murder: An International Perspective

ISBN13: 9780415737180
To be Published: January 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £70.00

Over the past three decades, the operation of the partial defence of provocation has attracted significant community attention, scholarly debate and political interest in an international range of jurisdictions. In fact, it is difficult to locate a jurisdiction that has not confronted to some extent the problem of provocation, as multiple criminal jurisdictions have conducted reviews of the partial defences to murder, and implemented reforms targeted at minimising the influence of gender bias in the operation of the provocation defence. However, what is unique is that in attempting to solve the problems that arise in the operation of the provocation defence, international jurisdictions have pursued divergent approaches to reforming the law of provocation: broadly, oriented around its abolition, its replacement or its retention. It is these divergent approaches to reforming provocation and the intended and unintended consequences of each that are the focus of this book, which provides a much-needed comparative analysis of the effects of those reforms; offering valuable insights, analysis and law reform strategies for comparable jurisdictions that seek to address the problem of provocation in the future.

Criminal Law
Introduction: International Approaches to Reforming the Law of Provocation

Section 1. Homicide Law Reform and the Partial Defence of Provocation
1. The History of the Partial Defence of provocation
2. International debates surrounding the law of provocation
3. Approaches to reforming the law of provocation

Section 2: Abolishing Provocation
4: Approaches to Abolishing the Law of Provocation
5. Murder or Manslaughter? Abolishing all Partial Defences to Murder
6. Provocation in Sentencing for Murder

Section 3: Replacing Provocation
7. The Creation of New Categories of Homicide
8. The Offence of Defensive Homicide
9. A Partial Defence of Loss of Control Section 4: Retaining Provocation
10. Retaining provocation without reform
11. Restricting provocation - Excluding 'undesirable' contexts of homicide
12. Leaving the door part open - manipulating the law post-reform

Conclusion: The Way Forward - Lessons for Law Reform