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Criminal Liability for Serious Traffic Offences

Author: Alwin van Dijk

Publisher: Eleven International Publishing

Published: 2017-12-17

Total Pages: 241

ISBN-13: 9462364664

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The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]

Book Synopsis Criminal Liability for Serious Traffic Offences by : Alwin van Dijk

Download or read book Criminal Liability for Serious Traffic Offences written by Alwin van Dijk and published by Eleven International Publishing. This book was released on 2017-12-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]

Driving Offences

Author: Sally Cunningham

Publisher: Routledge

Published: 2017-03-02

Total Pages: 271

ISBN-13: 1351942794

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This volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.

Book Synopsis Driving Offences by : Sally Cunningham

Download or read book Driving Offences written by Sally Cunningham and published by Routledge. This book was released on 2017-03-02 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.

Criminal Liability for Non-Aggressive Death

Author: Sally Cunningham

Publisher: Routledge

Published: 2016-05-13

Total Pages: 269

ISBN-13: 1317157877

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The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.

Book Synopsis Criminal Liability for Non-Aggressive Death by : Sally Cunningham

Download or read book Criminal Liability for Non-Aggressive Death written by Sally Cunningham and published by Routledge. This book was released on 2016-05-13 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.

Traffic Offences and Accidents

Author: Douglas Brown

Publisher:

Published: 2006-01-01

Total Pages: 369

ISBN-13: 9780409322767

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Examines the principles of law governing offences and negligence by motorists on the roads in Australia.

Book Synopsis Traffic Offences and Accidents by : Douglas Brown

Download or read book Traffic Offences and Accidents written by Douglas Brown and published by . This book was released on 2006-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the principles of law governing offences and negligence by motorists on the roads in Australia.

The Law of Impaired Driving

Author: Shea Riggsbee Denning

Publisher:

Published: 2014

Total Pages: 311

ISBN-13: 9781560117575

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This book describes the laws and procedures governing the criminal prosecution of impaired driving and other implied consent offenses. Of interest to district and superior court judges; prosecutors; and defense attorneys, it provides detailed coverage of the sentencing provisions for misdemeanor impaired driving and related offenses, which are sentenced outside of North Carolina's structured sentencing statutes. The book also describes the collateral licensure and vehicle forfeiture consequences arising from criminal charges of impaired driving and other implied consent offenses. Other features include: -a detailed discussion of license revocations resulting from charges of impaired driving and related offenses, -eligibility requirements for limited driving provisions, and -the requirements for having one's license restored following a conviction for impaired driving. The information is current through legislation enacted during the 2014 session of the North Carolina General Assembly. This edition replaces the 1999 book entitled Motor Vehicle Law and the Law of Impaired Driving in North Carolina, by Ben F. Loeb, Jr., and James C. Drennan. A free PDF download of the table of contents is available (https: //www.sog.unc.edu/publications/books/law-impaired-driving-and-related-implied-consent-offenses-north-carolina /details).

Book Synopsis The Law of Impaired Driving by : Shea Riggsbee Denning

Download or read book The Law of Impaired Driving written by Shea Riggsbee Denning and published by . This book was released on 2014 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the laws and procedures governing the criminal prosecution of impaired driving and other implied consent offenses. Of interest to district and superior court judges; prosecutors; and defense attorneys, it provides detailed coverage of the sentencing provisions for misdemeanor impaired driving and related offenses, which are sentenced outside of North Carolina's structured sentencing statutes. The book also describes the collateral licensure and vehicle forfeiture consequences arising from criminal charges of impaired driving and other implied consent offenses. Other features include: -a detailed discussion of license revocations resulting from charges of impaired driving and related offenses, -eligibility requirements for limited driving provisions, and -the requirements for having one's license restored following a conviction for impaired driving. The information is current through legislation enacted during the 2014 session of the North Carolina General Assembly. This edition replaces the 1999 book entitled Motor Vehicle Law and the Law of Impaired Driving in North Carolina, by Ben F. Loeb, Jr., and James C. Drennan. A free PDF download of the table of contents is available (https: //www.sog.unc.edu/publications/books/law-impaired-driving-and-related-implied-consent-offenses-north-carolina /details).

Wilkinson's Road Traffic Offences

Author: George Stephen Wilkinson

Publisher:

Published: 2000-12

Total Pages: 230

ISBN-13: 9780421730908

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Now in its 19th edition, this guide to road traffic law covers even more domestic and EC legislation, complemented by coverage of the most recent case law. It offers a practical treatment of road traffic offences and an exposition of procedure and evidence in criminal law. The text is supplemented to keep readers up to date, and includes a free subscription to the newsletter Wilkinson's Road Traffic Law Bulletin.

Book Synopsis Wilkinson's Road Traffic Offences by : George Stephen Wilkinson

Download or read book Wilkinson's Road Traffic Offences written by George Stephen Wilkinson and published by . This book was released on 2000-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 19th edition, this guide to road traffic law covers even more domestic and EC legislation, complemented by coverage of the most recent case law. It offers a practical treatment of road traffic offences and an exposition of procedure and evidence in criminal law. The text is supplemented to keep readers up to date, and includes a free subscription to the newsletter Wilkinson's Road Traffic Law Bulletin.

Woods on Road Traffic Offences

Author: Oisín Clarke

Publisher: Bloomsbury Publishing

Published: 2018-11-16

Total Pages: 1150

ISBN-13: 1784512079

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Road Traffic Offences are by far the most prosecuted type of criminal offence in the Courts of Ireland. Woods on Road Traffic Offences provides a single of point of reference for road traffic law, covering the investigation, prosecution and the hearing of offence cases. The book covers a wide range of topics including detecting traffic violations, careless driving, parking and obstruction offences, and lighting of vehicles. These are set out in a straightforward and helpful manner. The statutory provision is set out along with the potential penalties and possible defences. This new edition has been extensively revised and rewritten. In particular this new edition has been updated to include: - The enactment of Road Traffic act 2010 which substantially overhauls the landscape on driving offences. - New EU rules for maximum daily and fortnightly driving times, as well as daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles. - Legislative changes in the area of Public Service Vehicles - Considerable amendments to the Finance Acts as they relate to Road Traffic Offences The relevant cases, legislation and Acts covered include: - European Union (Road Transport) (Working Conditions and Road Safety) Regulations 2017 - Road Traffic Act 2014 - Taxi Regulation Act 2013 - Road Traffic Act 2010 - Public Transport Regulation Act 2009 - Roads Act 2007 - Waste Management (Amendment) Act 2001 Oisín Clarke BL is a practising barrister specialising in criminal law and road traffic offences. Oisín has considerable experience in defending intoxicated driving offences and a large part of his practice comprises the defence of criminal cases at both trial and appellate level. He also specialises in judicial review in which he appears for both State parties and private citizens. Oisín has also written and lectured extensively on road traffic legislation and offences. Matthew Kenny is the co-founder of O'Sullivan Kenny Solicitors, a Road Traffic Specialist Solicitors Practice in Dublin. He has worked extensively in the trial department, and so he has wide experience of all aspects of criminal defence matters. He has a particular interest in Road Traffic cases, and wrote a CPD guide to Road Traffic Law for a major on-line education provider. Mark O'Sullivan is a partner with O'Sullivan Kenny Solicitors, a firm specialising in criminal defence, road traffic law and related areas. Mark has represented clients in the District Court; The Circuit Court; The Central Criminal Court; The Court of Criminal Appeal and the Supreme Court. He appears daily in the District Court where he represents clients charged with all criminal and road traffic offences. Mark is a volunteer with the Free Legal Advice Centre (FLAC) with whom he has been working with since 2014.

Book Synopsis Woods on Road Traffic Offences by : Oisín Clarke

Download or read book Woods on Road Traffic Offences written by Oisín Clarke and published by Bloomsbury Publishing. This book was released on 2018-11-16 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Road Traffic Offences are by far the most prosecuted type of criminal offence in the Courts of Ireland. Woods on Road Traffic Offences provides a single of point of reference for road traffic law, covering the investigation, prosecution and the hearing of offence cases. The book covers a wide range of topics including detecting traffic violations, careless driving, parking and obstruction offences, and lighting of vehicles. These are set out in a straightforward and helpful manner. The statutory provision is set out along with the potential penalties and possible defences. This new edition has been extensively revised and rewritten. In particular this new edition has been updated to include: - The enactment of Road Traffic act 2010 which substantially overhauls the landscape on driving offences. - New EU rules for maximum daily and fortnightly driving times, as well as daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles. - Legislative changes in the area of Public Service Vehicles - Considerable amendments to the Finance Acts as they relate to Road Traffic Offences The relevant cases, legislation and Acts covered include: - European Union (Road Transport) (Working Conditions and Road Safety) Regulations 2017 - Road Traffic Act 2014 - Taxi Regulation Act 2013 - Road Traffic Act 2010 - Public Transport Regulation Act 2009 - Roads Act 2007 - Waste Management (Amendment) Act 2001 Oisín Clarke BL is a practising barrister specialising in criminal law and road traffic offences. Oisín has considerable experience in defending intoxicated driving offences and a large part of his practice comprises the defence of criminal cases at both trial and appellate level. He also specialises in judicial review in which he appears for both State parties and private citizens. Oisín has also written and lectured extensively on road traffic legislation and offences. Matthew Kenny is the co-founder of O'Sullivan Kenny Solicitors, a Road Traffic Specialist Solicitors Practice in Dublin. He has worked extensively in the trial department, and so he has wide experience of all aspects of criminal defence matters. He has a particular interest in Road Traffic cases, and wrote a CPD guide to Road Traffic Law for a major on-line education provider. Mark O'Sullivan is a partner with O'Sullivan Kenny Solicitors, a firm specialising in criminal defence, road traffic law and related areas. Mark has represented clients in the District Court; The Circuit Court; The Central Criminal Court; The Court of Criminal Appeal and the Supreme Court. He appears daily in the District Court where he represents clients charged with all criminal and road traffic offences. Mark is a volunteer with the Free Legal Advice Centre (FLAC) with whom he has been working with since 2014.

On Reasonable Liability

Author: J. A. Diening

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 449

ISBN-13: 9401164622

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Book Synopsis On Reasonable Liability by : J. A. Diening

Download or read book On Reasonable Liability written by J. A. Diening and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Explanatory Report on the European Convention on the Punishment of Road Traffic Offences

Author: Council of Europe

Publisher: Council of Europe

Published: 1970-01-01

Total Pages: 50

ISBN-13:

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Book Synopsis Explanatory Report on the European Convention on the Punishment of Road Traffic Offences by : Council of Europe

Download or read book Explanatory Report on the European Convention on the Punishment of Road Traffic Offences written by Council of Europe and published by Council of Europe. This book was released on 1970-01-01 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Punishment Without Crime

Author: Alexandra Natapoff

Publisher: Basic Books

Published: 2018-12-31

Total Pages: 320

ISBN-13: 0465093809

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A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

Book Synopsis Punishment Without Crime by : Alexandra Natapoff

Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018