‘Sharen weisui’ 殺人未遂 (Attempted Murder) by Liu Na’ou

Keyword(s):  
Author(s):  
Abdul Hadi

Intimate Partner violence is not a culturally limited practice, but prevails in every country, irrespective of culture, class, and ethnicity. Violence is one of the mechanisms used by men to control and subjugate women; and is a manifestation of unequal power relationship sustained by patriarchy. Patriarchy makes violence necessary for the sake of its existence. Intimate partner violence, the most common forms of gender-based violence entails the exertion of power over a partner in an intimate relationship through a behavior that is intimidating, threatening, harassing or harmful. The spouse can be harmed physically, as well sexually, emotionally, and psychologically, the violence can occur multiple times. Intimate partner violence in Pakistan persists almost in every family because women have subjugated and vulnerable status and are generally treated as second class citizens. Generally, the occurrence of violence at home is effectively condoned and regarded it as ‘private matter’ which does not require any intervention. it is seldom recognized as a crime socially unless it takes an extreme form of murder or attempted murder which could range from driving a woman to suicide or engineering an accident (frequently the bursting of a kitchen stove). This study aims to find out the factors which precipitate Intimate partner violence in Pakistan and what are the factors which preclude the reporting of Intimate partner violence and seeking legal redress. This study has found that strict cultural and patriarchal system and values precipitate intimate partner violence and also preclude victims to report the incidences by not giving them appropriate moral, cultural and legal support.


Author(s):  
Richard Holton

This paper develops an account of core criminal terms like ‘murder’ that parallels Williamson’s account of knowledge. It is argued that while murder requires that the murderer killed, and that they did so with a certain state of mind, murder cannot be regarded as the conjunction of these two elements (the action, the actus reus, and the associated mental element, the mens rea). Rather, murder should be seen as a primitive notion, which entails each of them. This explains some of the problems around criminal attempt. Attempted murder cannot be seen simply as involving the state of mind of murder minus success; rather, it has to be seen as a self-standing offence, that of attempting to commit the murder.


1985 ◽  
Vol 146 (2) ◽  
pp. 206-208 ◽  
Author(s):  
A. J. Wilkins

SummaryThe offence of attempted infanticide has hitherto been unknown in English Law. A case is here described in which a woman was convicted of infanticide, and attempted infanticide, having been charged with murder and attempted murder. The relevance of this is discussed, together with an aspect of infanticide previously unreported in the English literature, i.e. repetition of the offence.


1896 ◽  
Vol 42 (177) ◽  
pp. 340-346
Author(s):  
E. S. Talbot ◽  
Havelock Ellis

On the 28th March, 1894, at noon, in the open street in Chicago, Guy T. Olmstead fired a revolver at a letter-carrier named William L. Clifford. He came up from behind and deliberately fired four shots, the first entering Clifford's loins, the other three penetrating the back of his head, so that the man fell and was supposed to be fatally wounded. Olmstead made little attempt to escape, as a crowd rushed up with the usual cry of “Lynch him!” but waved his revolver exclaiming, “I'll never be taken alive,” and when a police officer disarmed him, “Don't take my gun; let me finish what I have to do.” This was evidently an allusion, as will be seen later on, to an intention to destroy himself. He eagerly entered the police-van, however, to escape the threatening mob.


2004 ◽  
Vol 36 (4) ◽  
pp. 257-261
Author(s):  
M. Murabito ◽  
H. Seitz

Author(s):  
James T. Hubbell ◽  
Kathleen M. Heide ◽  
Norair Khachatryan

Given recent U.S. Supreme Court rulings regarding the constitutionality of juveniles who received mandated life sentences, questions have arisen in the field of criminology regarding how these offenders will adjust if someday released. Risk scores were calculated for 59 male juvenile homicide offenders (JHOs) based upon the eight domains in the Youth Level of Supervision/Case Management Inventory (YLS/CMI) and used to examine recidivism among the 48 JHOs who were released. Sample subjects were charged as adults for murder and attempted murder in the 1980s, convicted, and sentenced to adult prison. Chi-square analyses were used to assess the relationship between risk score category and two measures of recidivism, which were general arrests and violent offenses. Results indicated risk scores failed to predict both general and violent recidivism. Implications of the findings and directions for future research are discussed.


reports described him as ‘emotionally unstable’ and in a ‘grossly elevated neurotic state’. The judge refused to admit the evidence, and on appeal following conviction it was contended that he was wrong. The primary contention was that the appellant’s pre-existing mental condition made him vulnerable to threats. Held, dismissing the appeal, the duress relied upon was duress by threats, but in some cases a defendant might be able to rely on ‘duress by circumstances’ (see Conway [1989] QB 290; Martin [1989] 1 All ER 652), and although not argued in this way it was proposed to consider whether the medical evidence could have been introduced on the basis that Hegarty might have been able to set up such a defence. Duress by threats provided a defence to a charge of any offence other than murder (see Howe [1987] AC 417), attempted murder (see Gotts [1982] 2 AC 412) and some forms of treason. It was founded on public policy considerations (see AG v Whelan [1934] IR 518). The fact that the defendant’s mind had been ‘overborne’ by the threats did not mean that he lacked the requisite intent to commit the crime (see DPP for Northern Ireland v Lynch [1975] AC 653, 703B). It followed that the law might have developed on the lines that, when considering duress, a purely subjective test should be applied, and it might well develop in this way in the future (see Law Com 218, para 29.14, November 1993, Cmnd 2370 and draft Criminal Law Bill, cl 25(2)). As the law stood however the test was not purely subjective but required an objective test to be satisfied (Howe). The jury had to consider the response of a sober person of reasonable firmness ‘sharing the characteristics of the defendant’. They could take account of age, sex and physical health, but it was open to consideration whether the shared characteristics could include a personality disorder of the kind suffered by the appellant. His counsel argued that the expert evidence was relevant to explain the reaction of a man like him to threats of violence to himself and his family, and admissible because the pathological aspects of his personality and the effect of his disorder on his behaviour were matters which lay outside the knowledge and experience of a judge and jury. Counsel referred to a passage in Emery (1993) 14 Cr App R (S) 394, 398 where Lord Taylor CJ said that: ‘... The question for the doctors was whether a woman of reasonable firmness with the characteristics of [the appellant], if abused in the manner which she said, would have had her will crushed so that she could not have protected her child.’ It was accepted that for the purposes of the subjective test medical evidence was admissible if the mental condition or abnormality was relevant and its effects lay outside the knowledge and experience of laymen. In the present case, the reports before the judge did not go that far, and the judge had to decide on the material before him. There were no grounds for disturbing his decision. As the evidence was not admissible to explain the reaction of the appellant himself, it was clearly not admissible on the objective test. The passage cited could not be read in isolation,

1996 ◽  
pp. 568-568

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