Contents

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JCL 74 (2010) 31

A right to assist? Assisted dying and the Interim Policy
Ben Livings

There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person¿s life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person¿s rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights

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JCL 74 (2010) 53

Can dishonesty be salvaged? Theft and the grounding of the MSC Napoli
Richard Glover

The purpose of this article is to consider the lack of certainty surrounding the law on dishonesty in theft in the context of events that occurred on Branscombe beach following the grounding of the MSC Napoli on the South Devon coast in January 2007¿that is the ¿looting and plundering¿ of the containers that came ashore. It will be contended that the hesitant response of the police to the incident may be explained, in part, by uncertainty in the law on dishonesty. Further, it will be argued that the offence of theft is contrary to the rule of law and that the Napoli incident highlights the need for a statutory definition of dishonesty that replicates the law in New Zealand

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JCL 74 (2010) 77

The Attorney General's Guidelines on Plea Bargaining: Obtaining guilty pleas fairly?
Duncan Watson

Fraud reform has recently culminated in the introduction of guidelines on plea bargaining issued by the Attorney General. In addition, it is likely that these guidelines will be complimented by new sentencing provisions from the Sentencing Guidelines Council to give a formal plea-bargaining model, which is hoped will increase conviction rates, process cases more expeditiously and reduce public expenditure for fraud prosecution. In addition, these guidelines have been complemented by new sentencing provisions from the Sentencing Guidelines Council to give a formal plea-bargaining model. This article will examine whether the new plea-bargaining model will deliver the transparent, efficient and effective system desired, whilst ensuring that those defendants who enter into plea bargains are free from improper pressure to plead guilty. Having been studied as part of the fraud reform process, the US Federal plea-bargaining model will be used as a barometer in this examination

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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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