Divergent Directions in Reforming Legal Responses to Lethal Violence

(2012) Australian & New Zealand Journal of Criminology, Vol. 45, Issue 3, pp. 318-336

UNSW Law Research Paper No. 2013-56

38 Pages Posted: 11 Sep 2013

See all articles by Kate Fitz‐Gibbon

Kate Fitz‐Gibbon

Deakin University - School of Humanities and Social Sciences

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law

Date Written: 2012

Abstract

Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.

Keywords: Homicide Law Reform, Defences to Murder, Provocation, Self Defence, Excessive Self Defence

Suggested Citation

Fitz‐Gibbon, Kate and Stubbs, Julie, Divergent Directions in Reforming Legal Responses to Lethal Violence (2012). (2012) Australian & New Zealand Journal of Criminology, Vol. 45, Issue 3, pp. 318-336, UNSW Law Research Paper No. 2013-56, Available at SSRN: https://ssrn.com/abstract=2323185

Kate Fitz‐Gibbon

Deakin University - School of Humanities and Social Sciences

Locked Bag 20000
Geelong 3216 Victoria
Australia

Julie Stubbs (Contact Author)

University of New South Wales (UNSW, Australia) - Faculty of Law ( email )

Kensington
High St
Sydney, NSW 2052
Australia

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