Contents

Volume 73 Number 2 2009
ISSN: 0022-0183  eISSN: 1740-5580

Show list with all abstracts  •  Links to other issues

Opinion

Round up the usual suspects
David Kirk      115

Criminal Law Legislation Update
Laura McGowan      118

Divisional Court

Public order: immediacy of unlawful violence under s. 4      123

Court of Appeal

Notification requirements after community orders      126

Football banning orders      128

Failure to disclose and assisting a terrorist      132

Doli incapax: the culpability of children in criminal law      136

Sentencing of a secondary party to murder      141

Comment

The quasi-expert witness: fish or fowl?
Ken Shaw      146

Article

The relevance of harm as the criterion for the punishment of impossible attempts
Keywords: Keywords Criminal liability; Harm as a criterion; Impossible attempts; Imminent harm; Future harm
Sarah A. Christie      153

ABSTRACT

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JCL 73 (2009) 153

The relevance of harm as the criterion for the punishment of impossible attempts
Sarah A. Christie

There has been much debate about the relevance of punishment in cases of impossible attempts. This article sets out the current position in Anglo-American jurisdictions and considers the rationale behind punishment in hypothetical impossible attempt cases in order to draw out the key issues at the heart of responsibility. The cases of the inadequately prepared attempt and the attempt which is doomed to failure are compared to illustrate the relevance of the potential to cause harm in the justification for punishing such actors. The article concludes with the suggestion that the relevant criterion is the presence of the potential to cause imminent harm, as opposed to future, speculative harm.

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Race issues and stop and search: looking behind the statistics
Keywords: Keywords Stop and search; Racial discrimination; Police; Young people; Knife crime
Kiron Reid      165

ABSTRACT

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JCL 73 (2009) 165

Race issues and stop and search: looking behind the statistics
Kiron Reid

This article considers the ongoing controversy over police powers to stop and search. It particularly looks at the evidence of racial disparity in use of these powers from the official statistics. The article considers attempts to improve use of stop and search by the police, including extra safeguards introduced after the Macpherson Report and the reduction of recording requirements after the Flanagan Report. It considers the argued fall in police use of stop and search after Macpherson and increase in use of general and anti-terrorist stop and search powers after 9/11 and 7/7. Police arguments to justify differential use between ethnic groups are considered. While concentrating on the developments since the late 1990s, the continuing nature of the debate about police use of powers in the last few decades is highlighted. The article considers the great concern about knife crime in recent years and government and police policies to deal with this. The analysis focuses on the potential impact on young people.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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