- Title Pages
- Preface
- List of Contributors
- List of Abbreviations
- Table of Cases
- Foreword
-
1 Sir Gerald Gordon: An Appreciation -
2 Corroboration and Distress: Some Crumbs from Under the Master’s Table -
3 Child Defendants and the Doctrines of the Criminal Law -
4 Codification of the Criminal Law -
5 Public and Private Wrongs -
6 The Idea of Principle in Scots Criminal Law -
7 A Human Right to a Fair Criminal Law -
8 The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic “Assaults” -
9 The Mental Element in Modern Criminal Law -
10 Theft by Omission -
11 Statutory Rape and Defilement in Ireland: Recent Developments -
12 Don’t Look Back in Anger: The Partial Defence of Provocation in Scots Criminal Law -
13 “The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law -
14 Witness Anonymity in the Criminal Process -
15 Disclosure Appeals: A Plea for Principle -
16 Crown Counsel: From Sir Archibald Alison to Lord Brand -
17 The Codification of Criminal Procedure -
18 The Summary Jurisdiction to Punish for Contempt of Court in Scotland -
19 Sir Gerald Gordon: A Bibliography - Index
“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
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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- Title Pages
- Preface
- List of Contributors
- List of Abbreviations
- Table of Cases
- Foreword
-
1 Sir Gerald Gordon: An Appreciation -
2 Corroboration and Distress: Some Crumbs from Under the Master’s Table -
3 Child Defendants and the Doctrines of the Criminal Law -
4 Codification of the Criminal Law -
5 Public and Private Wrongs -
6 The Idea of Principle in Scots Criminal Law -
7 A Human Right to a Fair Criminal Law -
8 The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic “Assaults” -
9 The Mental Element in Modern Criminal Law -
10 Theft by Omission -
11 Statutory Rape and Defilement in Ireland: Recent Developments -
12 Don’t Look Back in Anger: The Partial Defence of Provocation in Scots Criminal Law -
13 “The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law -
14 Witness Anonymity in the Criminal Process -
15 Disclosure Appeals: A Plea for Principle -
16 Crown Counsel: From Sir Archibald Alison to Lord Brand -
17 The Codification of Criminal Procedure -
18 The Summary Jurisdiction to Punish for Contempt of Court in Scotland -
19 Sir Gerald Gordon: A Bibliography - Index
