Overview

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a ""textbook, casebook, handbook and reference work"". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fourth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since 2001. The critical, thematic, contextual and interdisciplinary perspectives have been continued. Additions include an overview of current directions in criminal law and process; treatment of anti-terrorism legislation, identity fraud and computer offences; Lavender (manslaughter by criminal negligence and the role of malice); the new offence of reckless conduct causing workplace death; Ostrowski v Palmer (mistake of fact/law); the reintroduction of excessive self defence; new public order, drug, sexual assault and child sexual assault offences; Way and standard non-parole periods; Fardon and the limiting of Kable; and the resurrection of Habitual Offenders legislation."

Full Product Details

Author:   David Brown (University of New South Wales) ,  David Farrier ,  Luke McNamara ,  Sandra Egger
Publisher:   Federation Press
Imprint:   Federation Press
Edition:   4th New edition
Dimensions:   Width: 17.40cm , Height: 3.40cm , Length: 24.70cm
Weight:   1.178kg
ISBN:  

9781862875968

ISBN 10:   1862875960
Pages:   1548
Publication Date:   01 March 2006
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock  
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Table of Contents

Some Themes Constituting criminal law/ General principles?/ The criminal process and competing versions of what the law is / Forms of regulation/ The empirical and historical context/ The criminal laws of New South Wales/ Future directions? Criminalisation Introduction/ History/ Morality/ Social reaction The Criminal Process Introduction: Themes/ The ubiquity of discretion/ The two tiers of justice/ The process as punishment/ The adversary system and the (in)visibility of the pre-trial process/ The struggle for visibility in police interrogation, the production of confessions and the question of regulation/ Technocratic justice: the drive for efficiency/ Therapeutic jurisprudence and procedural justice/ Constitutionalism and the criminal process: elements of a fair trial / Internationalism and human rights/ Miscarriages of justice Components of Criminal Offences Introduction/ Actus reus and mens rea/ Actus reus/ Mens rea/ Applying subjective standards/ Strict and absolute liability/ Criminal responsibility and the burden of proof/Criminal activity by groups Homicide: Murder and Involuntary Manslaughter Patterns of homicide/ An atypical or stereotypical criminal offence?/ The legal framework/ Intent and reckless indifference/ Constructive murder/ Manslaughter by unlawful act/ Manslaughter by criminal negligence / Corporate homicide/ Actus reus: Homicide by omission/ Actus reus: Causation/ Medical treatment and euthanasia Defences Thinking about defences/ The insanity defence/ Automatism/ The defence of substantial impairment/ Infanticide/ Intoxication/ Provocation/ Self-Defence/ Necessity/ Duress/ Conclusions Assault and Sexual Assault Assault/ The elements of assault/ Consent to harm/ Acceptable violence/ Aggravated assaults/ Patterns of victimisation/ Domestic violence and legal change/ Sexual assault/ Sexual assault: actus reus/ Sexual assault: the mental element/ Indecent assault and act of indecency/ The trial and proving lack of consent/ Child sexual assault Public Order Offences Introduction/ The historical development of public order legislation/ Offensiveness, obscenity and vilification/ Presence in public places/ Trespass/ Property damage/ Prostitution Drugs Offences Identifying the drugs problem/ Drug-related harms/ Harm minimisation policies/ Drug law enforcement/ Elimination at source/ The historical dimension/ The New South Wales law/ The Commonwealth offenses/ Forfeiture/ The prosecution of drug offences/ Limiting demand/ Conclusion Dishonest Acquisition Introduction/ Larceny/ Expanding the scope of property offences/ Summary/ Offenses involving deception/ Crime and business/ Prevention or prosecution?/ Computer-related crime/ Aggravated trepass offences/ Receiving and goods in custody Extending Criminal Liability: Attempt, Conspiracy, Complicity and Incitement Introduction/ Attempt/ The time group dimension: conspiracy/ The group dimension: complicity/ Incitement Sentencing and Penality Introduction/ Justifications for punishment/ confining judicial discretion/ Sentencing methodologies and principles/ Sentencing options/ Escalating imprisonment rates and the new punitiveness Acknowledgements/ Table of Cases/ Table of Legislation/ Index

Reviews

For the student of law, Criminal Laws is an exciting and challenging introduction to the subject of criminal law and should stimulate debate in the classroom. For the practitioner, it is an excellent reference book providing an accessible resource of materials often ignored through pressure of time and casework. - Legal Services Bulletin

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