Description
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.
Table of Contents
Introduction: The Partial Defence of Provocation PART I: THE PROBLEM OF PROVOCATION 1. Male Honour and the Provocation Defence 2. Jealous Men and Provocative Women 3. The Plight of the Provoked Battered Woman PART II: ADDRESSING THE PROVOCATION PROBLEM - DIVERGENT APPROACHES TO HOMICIDE LAW REFORM 4. Addressing the Provocation Problem 5. Abolishing Provocation - the Victorian Experience 6. Replacing Provocation - the English Experience 7. Restricting Provocation – the New South Wales Experience PART III: THE INTENDED AND UNINTENDED EFFECTS OF HOMICIDE LAW REFORM 8. New Laws, Same Problems - Alternative Categories to Murder 9. The Difficulty of Law Reform for Battered Women Who Kill 10. Complicating the Law of Homicide 11. Questions of Sentencing in the Provocation Debate Conclusion: The Partial Defence of Provocation and Lessons for Law Reform
