NCJ Number: 184701
Title: Fault in Homicide
Author(s): Stanley Yeo
Date Published: 1997
Page Count: 327
Sponsoring Agency: Federation Press (Distributed by Gaunt)
Publication Number: ISBN 1-86287-275-9
Sale Source: Federation Press (Distributed by Gaunt)
Type: Legislation/Policy Analysis
Format: Book (Hardbound)
Language: English
Country: Australia
Annotation: This book examines the laws of England, Australia, and India
regarding the fault elements (degree of criminal intent) required
for the crimes of murder and involuntary manslaughter.
Abstract: It assesses these laws against the hypothesis that the fault
elements for murder and manslaughter cannot be defined with
maximum certainty nor can they be fairly applied to offenders
unless lawmakers invoke a schematic approach when defining these
elements. The scheme to be applied requires lawmakers to first
decide on what other types of fault elements, besides the
paradigm fault element of an intention to kill, are deserving of
the "murder" label. Only when this decision is made should they
proceed to determine what constitutes the appropriate fault
elements for manslaughter. Justice and elementary logic dictate
that the fault elements for manslaughter should fall one level in
degree of moral culpability below the fault elements prescribed
for murder. The schematic approach to the fault elements for
murder and manslaughter is rarely applied by English judges. They
have instead dealt with the fault elements for the two offenses
as distinct entities. The schematic approach is more evident
among Australian judges, with the result that the Australian law
is more coherent, precise, predictable, and fair; however, even
Australian judges have been sporadic in their application of the
approach. Although the Indian provisions are superior to the
English and Australian laws, they do contain certain ambiguities
and weakness, many of which have been clarified and addressed by
Indian courts. The book concludes with a set of draft provisions
that improve upon the Indian provisions and could act as a viable
model for reform in English and Australian laws as well. A
186-item questionnaire and a subject index
Main Term(s): Criminology
Index Term(s): Australia; Criminal intent; England; Foreign laws; Homicide; India; Manslaughter
Note: Institute of Criminology Monograph Series, No. 7
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=184701
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