About the Book
Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law.
This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.
Table of Contents:
Contents: Preface; Introduction; Participating in homicide, Barry Mitchell; Accessories and principals after Gnango, Bob Sullivan; Locating complicity: choice, character, participation, dangerousness and the liberal subjectivist, Ben Livings and Emma Smith; `The straw woman’ at law’s precipice: an unwilling party, Susan Edwards; Victims as defendants: when victims participate in crimes against themselves, Jonathan Herring; Repentance and forgiveness: withdrawal from participation liability and the proportionality test, Alan Reed; Participating in crime: some thoughts on the retribution/prevention dichotomy in preparation for crime and how to deal with it, William Wilson; Towards a rational reconstruction of the law on secondary participation and inchoate offences: conspiracy, Claire de Than and Jesse Elvin; Towards a rational reconstruction of the law on secondary participation and inchoate offences: attempt, Claire de Than and Jesse Elvin; Inchoate liability and the Part 2 offences under the Serious Crime Act 2007, Rudi Fortson; Participation on the internet, Alisdair A. Gillespie; Territorial and extraterritorial dimensions, Michael Hirst; Participation in crime under Scots law: the doctrine of art and part, Fiona Leverick; Bishops in the dock: child abuse and the Irish law of complicity, John Stannard; France, Catherine Elliott; Australia, Mirko Bagaric; Canada, Kent Roach; Germany, Kai Ambos and Stephanie Bock; Islamic criminal law, Mohammad Hedeyati-Kakhki; The Netherlands, Hein D. Wolswijk; New Zealand, Julia Tolmie; Spain, Manuel Cancio Meliá and Ana Garrocho Salcedo; South Africa, Gerhard Kemp; Sweden, Petter Asp and Magnus Ulväng; Turkey, R. Murat Önok; United States, Luis E. Chiesa; Index.
About the Author :
Michael Bohlander is Professor of Law at Durham University. Before joining Durham Law School in 2004, he had been a member of the German judiciary since 1991. From 1999 until 2001 he served as the Senior Legal Officer of a Trial Chamber at the International Criminal Tribunal for the Former Yugoslavia in the Hague. In 2010, Professor Bohlander was appointed to the Visiting Chair in Criminal Law at the Rijksuniversiteit Groningen. He has published 12 books and over 130 articles, essays, chapters etc. His publications have been cited widely by and before courts in several domestic and international jurisdictions. Alan Reed graduated from Trinity College, Cambridge University with a First Class Honours Degree in Law, and was awarded the Herbert Smith Prize for Conflict of Laws and the Dr Lancey Prize. Cambridge University awarded him a full Holland Scholarship to facilitate study in the United States and he obtained an LLM Master's of Law (Comparative Law) at the University of Virginia. After completion of the Law Society Finals Examinations he spent three years in practice in London at Addleshaw Goddard, and also acted as a Tutor in Criminal Law at Trinity College, Cambridge. He spent seven years as a lecturer in law at Leeds University, and from 2001-2012 was engaged as Professor of Criminal and Private International Law and Director of Research at Sunderland University. In April 2012 he commenced new roles as Associate Dean (Research and Innovation) and Professor of Law at Northumbria Law School. Alan has published over 200 monographs, textbooks and articles in the substantive arena in leading journals in England, Australia, New York, Florida and Los Angeles. For the last 10 years he has been editor of the Journal of Criminal Law. Barry Mitchell, Bob Sullivan, Ben Livings, Emma Smith, Susan Edwards, Jonathan Herring, Alan Reed, William Wilson, Claire de Than, Jesse Elvin, Rudi Fortson, Alisdair A. Gillespie, Michael Hirst, Fiona Leverick, John Stannard, Catherine Elliott, Mirko Bagaric, Kent Roach, Kai Ambos, Stephanie Bock, Mohammad Hedeyati-Kakhki, Hein D. Wolswijk, Julia Tolmie, Manuel Cancio Melia, Ana Garrocho Salcedo, Gerhard Kemp, Petter Asp, Magnus Ulvang, R. Murat Onok, Luis E. Chiesa.
Review :
'The topic of Participation in Crime is, as all students and practitioners will know, one of the most challenging areas of criminal law, both in matters of theory and practice. This work represents a unique insight into the concept of participation by bringing together observations from some of the most eminent authors in the field. Its contribution to the understanding of the topic is invaluable.' Simon Cooper, University of Salford, UK 'Michael Bohlander and Alan Reed have assembled brilliant authors who outline precisely major questions around encouraging or assisting an offence; they involve the reader in their thrilling search for overarching principles. The uniform research grid enables simple and prompt comparison of foreign jurisdictions and makes the book an outstanding introduction to the Substantive Issues in Criminal Law series.' Judge Jurgen Cierniak, German Federal Court of Justice, Germany 'This book provides an impressively comprehensive analysis of the key concepts related to participation in crime. From a local perspective, it will be very useful to many Arab Spring countries which are currently endeavouring to reform and modernize their national criminal justice systems to address new forms of criminal liability. The volume could provide valuable solutions to cases pending in the region.' Judge Adel Maged, Vice President at the Court of Cassation (Criminal Chamber), Egypt "Overall Participation in Crime is a timely, well-written and informative book that ensures those with an interest in the subject-matter will not only gain a firm understanding of the fundamental tenets in this area but will also gain an appreciation of the theoretical, moral and policy debates surrounding their application." Criminal Law & Criminal Justice Books
