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 aaC--A textbook, casebook, handbook and reference workaaC--Au. 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 fifth 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 the previous edition. The critical, thematic, contextual and interdisciplinary perspectives have been continued.

Full Product Details

Author:   David Brown (University of New South Wales, Australia) ,  David Farrier ,  Sandra Egger ,  Luke McNamara
Publisher:   Federation Press
Imprint:   Federation Press
Edition:   5th New edition
Weight:   1.788kg
ISBN:  

9781862878174

ISBN 10:   186287817
Pages:   1280
Publication Date:   16 August 2011
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Replaced By:   9781862879843
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

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

Reviews

This is a robust, comprehensive and up to date book about the law of New South Wales. Despite its specific jurisdictional focus anyone with a practical or theoretical interest in how crime is defined, law enforced or trials conducted will find this book to be an invaluable resource. Intended as a law school text its authors achieve a very rare double of serving well two readerships-academic and practitioner...Whilst constantly challenging a reader's assumptions in such manner the text never slips into the impenetrable language of postmodern critical theory. It remains a book any practicing lawyer can read with enjoyment...I highly recommend it. - Tasmanian Law Society, Law Letter, Winter 2011 Reviews of previous editions: A work that any practitioner in the criminal law field can gainfully read, and this is facilitated by the use of Commonwealth and other State legislation and case law. No doubt a number of the propositions can be challenged but overall it is an excellent reference written in a stimulating fashion. - Victorian Bar News The authors must be congratulated ... (they) have undertaken a task which is extraordinarily ambitious in order to provide a much broader insight into the workings and construction of criminal law in our society. - Australian Law Librarians' Newsletter This is a most excellent textbook to be recommended for all undergraduate law courses in New South Wales. - NSW Law Society Journal The issues raised in this massive work are important and enlightening. [It makes a] valuable contribution to the study and practice of criminal law. Its critical (though somewhat unorthodox) style and thought-provoking comment are bound to make it popular. - Victorian Law Institute Journal 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

Reviews of previous editions: A work that any practitioner in the criminal law field can gainfully read, and this is facilitated by the use of Commonwealth and other State legislation and case law. No doubt a number of the propositions can be challenged but overall it is an excellent reference written in a stimulating fashion. - Victorian Bar News The authors must be congratulated ... (they) have undertaken a task which is extraordinarily ambitious in order to provide a much broader insight into the workings and construction of criminal law in our society. - Australian Law Librarians' Newsletter This is a most excellent textbook to be recommended for all undergraduate law courses in New South Wales. - NSW Law Society Journal The issues raised in this massive work are important and enlightening. [It makes a] valuable contribution to the study and practice of criminal law. Its critical (though somewhat unorthodox) style and thought-provoking comment are bound to make it popular. - Victorian Law Institute Journal 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

Author Information

Professor David Brown is Emeritus Professor at the University of New South Wales, Sydney, Australia. He has been active in criminal justice movements, issues and debates for three decades and is a regular media commentator. He has published widely in the field with 30 chapters in books and over 100 articles and conference proceedings published. He has co-authored or co-edited The Prison Struggle (1982); The Judgments of Lionel Murphy (1986); Death in the Hands of the State (1988); Criminal Laws in four editions (1990); (1996); (2001); (2006); Rethinking Law and Order (1998); Prisoners as Citizens (2002); and The New Punitiveness (2005).

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions