اصلاح قانون جزا اکنون: پیشنهادها و نقدها

"If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence - including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right of silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change."--Bloomsbury Publishing Contents List of Contributors Introduction 1. Reflections on Proceeds of Crime: A New Code for Confiscation? I. A Short History II. Proceeds of Crime Recovery: Some International Experiences III. Incentivising Civil Society to Attack Offending IV. Shifting Targets for Asset Recovery V. A Code for Confiscation VI. Conclusion Comment on Chapter 1 Reforming Confiscation Law? I. Specialist Courts/Judges II. Incentivisation III. A Confiscation Code? 2. Rationalising Civil Preventive Orders: Opportunities for Reform I. The Orders II. Opportunities for Reform III. Desiderata for the Consolidating Legislation IV. Conclusion Comment on Chapter 2 Offenders’ Rights and Public Safety 3. Reforming the Law of Criminal Attempt: Take Two I. Past Endeavour: CP 183 and LC 318 II. Reflections on the Lower Boundary of Attempt Liability III. Reflections on the Mental Element in Attempt Liability IV. Proposal (1): Exempting Offences from Attempt Liability V. Advantages over Similar Proposals VI. Proposal (2): Taking a Fresh Look at the Wilful Abandonment Defence VII. Conclusion Comment on Chapter 3 Should we Retain ‘Criminal Attempts’ as a General Offence? I. Moving Attempts to the Special Part II. Understanding and Evaluating Bespoke Preparatory Offences III. Conclusion 4. Done to Death? Reform of Homicide Law I. Horder’s Models II. Codifying the Common Law Offences III. Regulatory Domain Offences IV. Conclusion Appendix: Proposed Homicide Offences Comment on Chapter 4 Reform of the Law of Murder? I. Reform: Problems with the Underlying Rationale II. Road Kill III. Conclusions 5. The CPS, Policy-Making and Assisted Dying: Towards a ‘Freedom’ Approach I. The CPS Assisted Dying Policy II. First Core Value: Democracy III. Second Core Value: Justice IV. Third Core Value: The Three ‘Es’ V. Towards a ‘Freedom-Based’ AVD Policy VI. Conclusion Comment on Chapter 5 Assisted Dying and the CPS 6. How Should the Criminal Law Respond to the ‘Special Status’ of Children? I. The Current Law II. Why We ‘Shouldn’t Require Old Heads on Young Shoulders’ III. Reform IV. Conclusion Comment on Chapter 6 The Child’s ‘Special Status’ and Disenfranchisement 7. The Time Limit on Prosecutions for Underage Sexual Intercourse in the Sexual Offences Act 1956: A Continuing Problem I. The Reasons for the Time Limit II. Legal Challenges to the Time Limit III. The Case for Legislative Reform IV. Two Obstacles to Media Interest V. Conclusion Comment on Chapter 7 Removing the Time Limit on Prosecutions for Underage Sexual Intercourse in the Sexual Offences Act 1956 – Some Comments and Concerns I. Statutory Interpretation II. The ‘Mischief’ Addressed by the Time Limit III. Rights of the Defendant IV. Conclusion 8. Safe and Effective Courtroom Participation for Domestic Violence Complainant-Witnesses I. Obstacles in the Prosecution of Domestic Violence II. Recommendations for Reform III. Conclusion Comment on Chapter 8 Domestic Violence, Trauma and Vulnerability I. Pre-Trial Witness Interviews II. Review and Extension of ‘Special Measures’ III. Limitations on Cross Examination IV. Jury Information Regarding Trauma V. Conclusion 9. The Case for Restoring the Right of Silence I. Judicial Extension of the CJPOA II. Lay Decision Makers III. Undermining of Legal Advice IV. The Potentially Discriminatory Impact of the Legislation V. The Changed Trial Culture VI. Options for Reinstatement VII. Conclusion Comment on Chapter 9 How to Reinstate the Right of Silence I. Are the Silence Provisions Fit For Purpose? II. Interpretation of the Silence Provisions III. Reform Options IV. Conclusion 10A. ‘Lawyers’ Law’ and the Limitations and Flaws of the Role of Reform Bodies in Criminal Law I. ‘Lawyers’ Law’ II. Case Studies III. Common Law Offences – The Best as Enemy of the Good IV. Analogy – Lists, Wedges, Slopes and Incrementalism V. Decriminalisation VI. Conclusion 10B. Criminal Law Reform: A View from Across the Border I. Judicial Decisions II. The Scottish Parliament III. The Scottish Law Commission IV. Judge-Led Reviews V. Conclusion Index "If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence - including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change." -- prové de l'editor