Dissertation topic - provocation - please help!

Hello,
I am rather stuck with a dissertation topic. I have already chosen a supervisor and specified that I want to conduct a study on how the law of provocation applies unfairly to women who kill after suffering years of violence.

I am unsure however what stance I should take on this. I am aware that I am going to have to take a critique of the current law and discuss what's wrong with it/ in what ways it applies unfairly to women that fall under the 'battered women syndrome' category.

I also know that I am going to have to take a look at the Law Commission proposals and the Government reform proposals and critique these.

Does anyone have any idea on how I should approach this area of law. I guess I am just rather stuck with what the aim of my dissertation is?

Can anyone please help?

Reply 1

Mr_Deeds

You've chosen an interesting topic but a 12,000 word essay on provocation alone may be quite difficult, OP. You obviously don't want to start a project with a topic which is too broad but what about a title like: "To what extent does the current law offer adequate defences to victims of domestic violence who kill their abuser"? That way you can analyse the law of self defence, provocation and diminished repsonsibility.

I'd try and start the research for your question first (below I've attached a list of some useful references for you). Then you can maybe come back and query any problems you have.

Acts of Parliament
Homicide Act 1957: 1957 Ch. 11

Books
ASHWORTH, A. (fifth edition). 2006. Principles of Criminal Law. Oxford: Oxford University Press
BERRY, D.B. (third edition). 2000. The Domestic Violence Sourcebook. Illinois: Lowell House
BIRCH, H. 1993. Moving Targets. London: Virago Press
BLOM-COOPER, L. and MORRIS, T. 1964. A Calendar of Murder: Criminal Homicide in England since 1957. London: Michael Joseph
CLARKSON, C.V.M and KEATING HM. (sixth edition). 2007. Criminal Law. London: Sweet & Maxwell
DALY, M. and WILSON, M. 1988. Homicide. New York: Aldine de Gruyter
LEVERICK, F. 2006. Killing in Self-Defence. Oxford: Oxford University Press
SCHNEIDER, E. M. 2000. Battered Women & Feminist Lawmaking. London: Yale University
SHUTE, S. and SIMESTER, A.P. 2002. Criminal Law Theory: Doctrines of the General Part. Oxford: Oxford University Press
TADROS, V. 2005. Criminal Responsibility. Oxford: Oxford University Press

Law Reports
Attorney General for Jersey v Holley [2005] 2 A.C. 580
R v Ahluwalia [1993] 96 Cr. App. R. 133
R v Baille [1995] 2 Cr. App. R. 31
R v Beckford [1998] 1 A.C. 130
R v Byrne [1960] 2 Q.B. 396
R v Camplin [1978] A.C. 705
R v Duffy [1949] 1 ALL E.R. 932
Attorney General for Jersey v Holley [2005] 2 A.C. 580
R v Martin [2002] 1 W.L.R. 1
R v Owino [1996] 2 Cr. App. R 128
R v Smith [2001] 1 A.C. 146
R v Thornton [1996] 1 W.L.R. 1174

Journals
CARLINE, A. 2005. Zoora Shah: “An Unusual Woman.” Social Legal Studies. 14(2)
EDWARDS, S.S.M. 2004. Abolishing Provocation and Reframing Self Defence - the Law Commission's Options for Reform. Criminal Law Review
SANGHVI, R. AND NICOLSON, D. 1993. Battered Women and Provocation. Criminal Law Review

Hopefully this will point you in the right direction. :smile:

Reply 2

Redsoniac

Wow!! You really are a superstar Mr Deeds!!! Thank you so much! What a great help. I will let you know how I get along. A big thanks for finding all this info!