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Essays in Criminal Law in Honour of Sir Gerald Gordon$
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James Chalmers and Fiona Leverick

Print publication date: 2010

Print ISBN-13: 9780748640706

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748640706.001.0001

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“The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law

“The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law

Chapter:
(p.218) 13 “The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law
Source:
Essays in Criminal Law in Honour of Sir Gerald Gordon
Author(s):

Gerry Maher

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748640706.003.0024

This chapter discusses homicide offences and the factors driving the increased interest and activity on the law of homicide. It considers the main issues in the debates over the structure of homicide and offers some brief comments on possible solutions, especially from the perspective of Scots law. It argues that clarity is needed as to what should fall within the scope of culpable homicide. Another major issue concerns the desirable scope of the offence of murder; in other words, how to draw the line between murder and culpable homicide. An appropriate way of considering these issues is to look at the views of Sir Gerald Gordon.

Keywords:   Scots law, criminal law, homicide offences, murder, culpable homicide

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