Chapter

“The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law

Gerry Maher

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published by Edinburgh University Press

Published in print October 2010 | ISBN: 9780748640706
Published online March 2012 | e-ISBN: 9780748651450 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748640706.003.0024
“The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law

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This chapter discusses homicide offences and the factors driving the increased interest and activity on the law of homicide. It considers the main issues in the debates over the structure of homicide and offers some brief comments on possible solutions, especially from the perspective of Scots law. It argues that clarity is needed as to what should fall within the scope of culpable homicide. Another major issue concerns the desirable scope of the offence of murder; in other words, how to draw the line between murder and culpable homicide. An appropriate way of considering these issues is to look at the views of Sir Gerald Gordon.

Keywords: Scots law; criminal law; homicide offences; murder; culpable homicide

Chapter.  10455 words. 

Subjects: Criminal Law

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