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Homicide Law Reform, Gender and the Provocation Defence

A Comparative Perspective

By (author) Kate Fitz-Gibbon
Format: Hardback
Publisher: Palgrave Macmillan, Basingstoke, United Kingdom
Published: 23rd Sep 2014
Dimensions: w 140mm h 216mm d 19mm
Weight: 530g
ISBN-10: 1137357541
ISBN-13: 9781137357540
Barcode No: 9781137357540
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Synopsis
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.

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'In this outstanding work, Kate Fitz-Gibbon explains, in fascinating detail, how legislatures across the globe have struggled to adapt the provocation defence to the modern world. Fitz-Gibbon brings the issue of gender to the fore, in deconstructing and reconstructing a defence to murder long criticised for its leniency towards men who kill in anger.' - Professor Jeremy Horder


Department of Law, London School of Economics, UK



"This is an important study of diversity in the evolution of the law of criminal homicide as legislatures respond to the continuing crisis in intimate partner homicides. It is unique in Australian criminal law scholarship in its reliance on the comparative experience of judges, prosecutors, defenders and law reformers in England, Victoria and New South Wales." - Ian Leader-Elliott


Adjunct Professor at the University of South Australia School of Law and Emeritus Fellow, Adelaide University School of Law, Australia



"This book, rooted in exemplary research, offers a unique opportunity for all those involved in criminology and the criminal justice process to think hard about the persistence of gendered thinking and the limitations that poses for those likely to be in receipt of the strongest sentences a court can impose. It will become a landmark text on this issue: deservedly so." - Sandra Walklate,


Eleanor Rathbone Chair of Sociology, University of Liverpool, UK