Books in the Oxford Monographs on Criminal Law and Justice series

This book provides the first serious, sustained philosophical investigation of the criminal prosecution of domestic violence. It provides a theoretical framework for understanding ongoing debates regarding the criminal justice system's response to domestic violence.

As the first in-depth empirical study of decision-making within the Criminal Cases Review Commission, this monograph reveals what happens to applications for post-conviction review when those in England and Wales who consider themselves to have been wrongfully convicted, and have exhausted direct appeal processes, take their case to the CCRC.

Examining white collar criminal offenses from the perspective of moral and legal theory, this title focuses on the way in which crimes as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by moral norms.

Discusses the psychological effects of childhood sexual abuse to shed light on the reasons why a victim might delay in making a complaint. This book introduces two categories of delay: those in which the victim remembered the abuse but was unable to complain; and those in which the victim's memory was allegedly lost and later recovered.

When justice is contested and uncertain, how can miscarriage of justice be spoken of meaningfully? This book addresses this question, and finds an answer to it in the relationship between the legal construction of criminal justice, most notably that of trials and appeals, and the reporting of these in the media.

As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of questions such as: should experts be permitted to give evidence on the credibility of witnesses? This work explores these issues, utilizing work in a number of disciplines.

A number of jurisdictions, including England and Wales, require that sentences be "proportionate" to the severity of the crime. This treatise, written by the leading architect of "just deserts" sentencing theory, describes how sentences may be scaled proportionately to the gravity of the crime.

Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into a range of principles of criminality. It advances our understanding of such key issues as what amounts to a criminal act or omission, the state of mind of the perpetrator, and defences.

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? This book examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions.

A thematic collection of essays on sentencing theory, this book considers: the justifications for the imposition of punishment by the State; the relationship between victims, offenders and the State; and a number of areas of sentencing policy that have given rise to particular difficulty.

Assesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text develops three models of justice seeking to analyze and explain the increased use of prosecutorial power.

A philosophical inquiry into the foundations of provocation as a defence to murder, this book draws on historical and philosophical sources not normally linked with criminal law. It seeks to explain why and when action in anger is thought morally less blameworthy than premeditated action.

Based on a large study of legal professional practice, involving nearly 50 solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain - from the moment of initial contact through to the preparation and presentation of defendants.

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

Aims to build on Alan Norrie's previous work in the philosophy of punishment and criminal law to develop a critique of Kantian justice thinking. It seeks to cast a bold light on these issues in a period when traditional thinking has undergone opposition.

In the 21st century the legal process still fails to provide an adequate response to sexual violation and abuse. This text examines some of the difficulties which this crime presents and analyses in detail how the legal system could and should be addressing them.

This work reflects the belief that a careful study of the Law of Attempts should be both interesting and a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. The book looks at English, Scottish and US law.

This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.

Presents a collection of essays which tackle a range of issues about the criminal law's 'special part' - the part that defines specific offences. This work covers topics that include the scope of the criminal law: to what extent should it include offences of possession, or endangerment?

Deals with the principle of proportionality - the principle that a sentence should be proportionate to the seriousness of the offence committed. This book examines the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders.

This volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion, complicity, drug-dealing and criminal harm.

Mental abnormality is becoming an increasingly important yet complex source of defence within the criminal trial process. This book contains a timely discussion of how the criminal law treats and applies defences such as insanity and diminished responsibility.

After a Commission chaired by Lord Diplock recommended that cases connected with the 'troubles' should be tried by judge alone, rather than jury, the Diplock Courts have been a controversial feature of Northern Ireland's response to political violence. This title assesses the impact of Diplock Courts and considers their broader implications.

Professor Robinson provides a critique of the problem of classification within the criminal law. He presents a discussion of the conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice.

This book examines the whole of the pre-trial phase of criminal investigation including the law relating to confessions, the right to silence, the admissibility of evidence obtained during pre-trial investigation and the issue of improperly obtained evidence.

Through a combined philosophical, historical, and socio-legal methodology, this volume investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century, arguing that ideas of character responsibility are enjoying a renaissance in the modern criminal law.

In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doingso, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate.Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.

Preventive Justice looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.

There is at least one consideration of the doctrine of abuse of process in virtually every major criminal trial today. This fully updated second edition blends doctrinal discussion with theory to provide a comparative analysis of abuse of process and focuses upon the profound impact of the ECHR in this area.