Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present.
The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.
Table Of Contents
1. Landmark Cases and Wider Themes in Criminal Law Philip Handler, Henry Mares and Ian Williams 2. The Carrier's Case (1473) Ian Williams 3. R v Saunders and Archer (1573) John Baker 4. R v Jones (1703) Simon Stern 5. R v Bembridge (1783) Jeremy Horder 6. R v Shipley (1784): The Dean of St Asaph's Case Kevin Crosby 7. M'Naghten's Case (1843) Arlie Loughnan 8. R v Flattery (1877) Rebecca Williams 9. DPP v Beard (1920) Philip Handler 10. R v Jordan (1956) David Ibbetson 11. Shaw v DPP (1961) Henry Mares 12. DPP v Morgan (1975) Lindsay Farmer 13. Whitehouse v Lemon, Whitehouse v Gay News Ltd (1979) J R Spencer 14. R v Hancock and Shankland (1986) Matthew Dyson 15. R v Howe (1987) Findlay Stark 16. R v Brown (1993) Jonathan Herring
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