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In 2015 a new offence came into effect in England and Wales: controlling or coercive behaviour in an intimate or family relationship. Three years later, similar offences were introduced in Scotland and Ireland. And it is perhaps less well known that France introduced a comparable offence in 2010 and the Australian State of Tasmania had introduced related offences of economic and emotional abuse in 2004. These offences, which criminalise non-physical abuse in domestic relationships, constitute a novel development in the criminal law, with distinctive features and challenges. This article discusses a number of legal issues that have emerged from the operation of the new offence in England and Wales. An analysis of prosecutions for controlling or coercive behaviour (235 successful convictions have been identified as of December 2018) gives some insight into special features of the offence and its impact. In the absence of primary data (such as case reports) or comprehensive secondary statistical data, media reports of cases in which people have been charged with and/or convicted of the new offence in England and Wales since it came into operation in December 2015 provide a useful basis on which to explore the operation of the offence. Our research appears to have identified about half of all successful prosecutions (107 cases) as of 28 April 2018, which was 28 months after the offence came into effect. As these reports were primarily descriptive accounts of judges’ in-court remarks, they provide an adequate basis on which to make some preliminary observations. This article identifies four legal issues that have emerged in the operation of the offence of controlling or coercive behaviour: uncertainty about which relationships are captured by the new offence; how to preserve the principle of non-retroactivity when criminalising courses of conduct (involving behaviours that may have been manifest for many years); evidentiary difficulties in criminalising courses of conduct (patterns of behaviour); and reconciling an apparent overlap between the new offence and traditional assault and threat offences.
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This article reviews the background, introduction, and critical response to new criminal offenses of coercive control in England/Wales and Scotland. How the new Scottish offense is implemented will determine whether it can overcome the shortcomings of the English law. We then review new evidence on four dimensions of coercive control: the relationship between “control” and “violence,” coercive control in same-sex couples, measuring coercive control, and children’s experience of coercive control. Coercive control is not a type of violence. Indeed, level of control predicts a range of negative outcomes heretofore associated with physical abuse, including post-separation violence and sexual assault; important differences in coercive control dynamics distinguish male homosexual from lesbian couples; measuring coercive control requires innovative ways of aggregating and categorizing data; and how children experience coercive control is a problem area that offers enormous promise for the years ahead.
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'Rights, Wrongs, and Injustices' is a comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. The text provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content.
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The central purpose of this study was to provide a platform for Indigenous young peoples’ opinions regarding the overrepresentation of Indigenous young people in the criminal justice system. Specifically, the study sought (a) their thoughts on broader issues that contribute to the overrepresentation of young people, and (b) strategies on how to reduce the overrepresentation of young people in the future. Results mirrored themes and findings from the research literature. However, the results are themes that are derived from the lived and observed experiences of Indigenous young people and the Anishinaabe, Haudenosaunee, and Métis communities.
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For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims
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Encyclopédie juridique de droit français. Donne l'état des diverses branches du droit en France: doctrine, jurisprudence, index bibliographique, certains périodiques en texte intégral (exhaustivité variable)
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In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property, self-defence, guns, and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial "hang fire" defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to "do better" is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.
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A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000.The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods.The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
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This introduction to legal history contains chapters on law and custom in early Britain, jury and pleading, real property, criminal procedure and more.
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