Circulated in November 2011 Oxford’s criminal law e-newsletter includes perspectives from authors, information on forthcoming titles and links to our wider criminal law publishing.
In this issue:
An enduringly popular classic
David Ormerod tells us how he strives to keep his textbook, the renowned and authoritative Smith and Hogan's Criminal Law, up-to-date, comprehensive in coverage and at the same time accessible to all those new to the study of criminal law.
Taking a practical approach to criminal law
Nicola Monaghan talks about the approach of her book Criminal Law Directions and explains how a new national criminal advocacy competition gives students the opportunity to develop all-important practical skills.
Avoiding the horrors of miscarriages of justice
Michael Allen looks back at how criminal law has changed in the twenty years since the first edition of Textbook on Criminal Law and how his experience at the Criminal Cases Review Commission drives his desire to develop the students’ critical thinking skills.
Spot the difference
Two Criminal Law: Text, Cases, and Materials textbooks, both highly regarded but completely different in style and approach. Which one is right for your students?
New editions in criminal law and evidence for 2012
Keep a lookout for these new editions, all of which are due for publication next year.
Your newsletter, your input
We’d like to make these newsletters relevant and interesting to you. If you have feedback on the content of this newsletter, or have ideas and suggestions for future ones please email stella.white@oup.com
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What makes a classic textbook enduringly popular?
For author David Ormerod, the key to the success of Smith and Hogan’s Criminal Law lies in the fact that it is up to date, offers comprehensive
coverage, and remains accessible to students who are new to the subject. He tells us how he strives to maintain these attributes with each new edition.
Keeping myself up to date with the most recent developments is essential to all my work, whether with Blackstone's Criminal Practice, my judicial training work or, of course, at the Law Commission.
Some of the major developments are obvious to anybody working in criminal law. Recent examples in the new edition include the overhaul of the partial
defences to murder. This involved a rewriting of Chapter 15 so that the new partial defences of diminished responsibility and loss of self-control could be
examined comprehensively. Not all new developments are so obvious. I like to set aside time every month to review what has been happening in the courts and
in Parliament. This helps me to identify clusters of cases that are emerging and to see problems developing in the criminal law.
A recent example is the series of cases on the correct definition of section 4 of the Protection from Harassment Act 1997. In a trilogy of cases this year
(Curtis, Widdows, and Haque), the Court of Appeal (Criminal Division) has adopted a
controversial construction of that offence. The Court has read into the section 4 offence a requirement that the defendant not only caused the complainant to
fear violence on at least two occasions by his course of conduct, but also that his conduct must constitute “harassment” as that term has been interpreted in
the case law on the 1997 Act generally. This poses problems because the mens rea requirement in section 4 becomes distorted, and because defences that were
not explicitly provided for in section 4 might now become available. I will be publishing a detailed discussion of these cases in the annual update found in the Online Resource Centre that accompanies Smith and Hogan's Criminal Law.
Of course, no matter how up-to-date and comprehensive the coverage, the book would be useless if it was not capable of being understood by undergraduate
law students. To ensure that it remains readable and accessible to all users, I am always keen to find out what students find most difficult to grasp and
why. I discuss the book with my undergraduate students at Queen Mary, and in any other circumstances I can: I have even been known to quiz students I have
seen carrying a copy of Smith and Hogan on the tube!
I know how important it is that a new edition of a well-established textbook does more than just add the latest cases and statutes. I try to respond to
the students’ needs by adding refinements in every new edition. In the thirteenth I have sought to do this by, amongst other things, rewriting chapter 8 on
participation which students find one of the most difficult subjects in the entire criminal law (and no one can blame them on that score). No doubt the
fourteenth edition will involve yet more rewriting of that chapter as a seven member Supreme Court is about to deliver judgment in the case of R v
Gnango.
As any criminal law lecturer knows, there is never a dull moment with this subject.
About the author
Professor David Ormerod is a Barrister and Professor of Criminal Justice, Queen Mary, University of London. He is also Law Commissioner for England
and Wales since September 2010. As well as Smith and Hogan's Criminal Law and Blackstone's Criminal Practice he is author of numerous journal
articles and book chapters, and several hundred case commentaries.
Visit the catalogue page to see a full contents list and to order your
inspection copy. Please remember to give us your feedback by completing the comment card.
Smith and Hogan's Criminal Law, thirteenth edition is also now available as a Kindle edition e-book. Order your copy via Amazon here.
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Taking a practical approach to criminal law
Nicola Monaghan tells us about her book, Criminal Law Directions, the second edition of which publishes in May 2012, and explains how a new national criminal advocacy competition gives students the opportunity to develop all-important practical skills which will stand them in good stead for a career in the law.
Nicola, from your perspective as a law teacher, how do your students learn about the law?
The way in which we teach criminal law has changed greatly in recent years. Changes in technology and society have led to changes
in the way in which the students of today prefer to learn. Students prefer texts which explain legal principles in an accessible and engaging way. They
relate well to practical scenarios and examples. From my experience as a law lecturer, students engage with the law if they are given a structured and
logical framework from which to develop their own understanding. Many students today are visual leaners who need flowcharts, spider diagrams and other
diagrammatic aids to help them to digest complex legal principles. Criminal Law Directions includes pedagogic features to help provide an accessible
and practical framework of criminal law.
How does Criminal Law Directions lend itself to such a practical way of both teaching and learning?
One of the aims of Criminal Law Directions is to ensure that principles of criminal law are delivered to students in a
friendly and engaging way. The text is designed to lend itself to a practical way of teaching and learning through the incorporation of several diagrams into
each chapter. These reinforce the text and aid visual learning and lecturers can access these online via the Online Resource Centre and incorporate them into powerpoint slides. The chapter on
study skills covers many aspects of the practicalities of studying, from tips about taking notes in lectures to preparing for exams and how to approach essay
questions and problem questions.
Download a sample chapter from the first edition here.
Criminal Law Directions is supported by an Online Resource Centre which
hosts multiple choice questions for students to test their knowledge, as well as a bank of multiple choice questions which lecturers can use in the
classroom. The resources also include answers to the practice exam questions and self-test questions which are found at the end of each chapter, thus enabling students
to test their knowledge and application of the law to practical scenarios. The new edition also covers the reforms to the partial defences to murder
introduced by the Coroners and Justice Act 2009, as well as recent cases on joint enterprise such as R v A [2011], Mendez [2011] and
Gnango [2011].
What opportunities are there for students to gain the practical skills they need in order to carve a career in the law?
Criminal law is one of those subjects that students tend to enjoy and it lends itself well to a more practical style of teaching.
With an increasing focus on professional development at undergraduate level, one simple way of introducing practical and professional development into any
criminal law module is through the use of a set of criminal case papers. Students enjoy identifying the issues of criminal law and pinpointing the facts
which they can use to advance their case and develop their advocacy skills.
In 2011 myself and a colleague, Neal Geach, set up the University of Hertfordshire/Blackstone’s National Criminal Advocacy Competition to give
undergraduate students the opportunity to do just that but in a mock trial setting. Sponsored by OUP and 15 New Bridge Street, we received a grant from UKCLE
to set up the inaugural competition which was held in July 2011. The early rounds and semi-final of the competition were judged by circuit judges from St
Albans Crown Court and barristers. The final was judged by Lord MacDonald, HHJ Murphy and Patrick Upward QC.
For more information about the forthcoming 2012 competition which starts in January, visit the University of Hertfordshire website or alternatively email advocacy@herts.ac.uk.
About the author
Nicola Monaghan is Senior Lecturer in Law at the University of Hertfordshire.
Please visit the catalogue page where you can see a full contents list and order your
inspection copy of Criminal Law Directions. Please remember to give us your feedback by completing the comment card.
The second edition of Criminal Law Directions will be available in May 2012.
Click here to browse other titles in the series.
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Avoiding the horrors of miscarriages of justice
Author Michael Allen explains how criminal law has changed in the twenty years since the first edition of Textbook on Criminal Law and how his
experience at the Criminal Cases Review Commission drives his desire to develop the students’ critical thinking skills. Skills they will take with
them through life.
It is now twenty years since the first edition of Textbook on Criminal Law was published. What persuaded you to write a student textbook on
criminal law in the first place?
In 1989 I concluded that some textbooks available for criminal law courses had started to become too remote from the needs of
students. I dared to believe I could write a book that would be clear and readable and more attuned to the needs of students struggling to make sense of a
subject which is highly technical, complicated and confusing. Fortunately Alistair MacQueen, who had founded Blackstone Press in 1988, believed in the
project and provided me with the encouragement needed to see it through to fruition when the first edition of Textbook on Criminal Law was published
in 1991.
How has criminal law evolved since the publication of the first edition in 1991?
In the twenty years since then there has been much that has changed. Issues which caused much ink to be spilled in articles and
textbooks in the 1990s, such as the meaning of “intention”, “recklessness” and “appropriation” do not appear to trouble judicial minds any longer; there have
been major legislative reforms with the Sexual Offences Act 2003, the Fraud Act 2006, the Corporate Manslaughter and Corporate Homicide Act 2007; there has
been some reform in the area of homicide with the Coroners and Justice Act 2009 replacing the defence of provocation with the defence of loss of control,
changing the test for diminished responsibility and for infanticide. But despite these changes the law on murder remains unreformed and the doctrine of joint
enterprise continues to generate appellate decisions at a phenomenal rate.
You are at the frontline in your role as Commissioner at the Criminal Cases Review Commission. Has this affected your view of how the criminal
justice system operates?
In 2002 I abandoned the sheltered environment of the law library and the lecture room to become a Commissioner at the Criminal
Cases Review Commission and became involved in investigating and making decisions upon cases of alleged miscarriage of justice. In the last nine years I have
been involved in more than 1,500 cases spending thousands of hours reading witness statements, expert reports (e.g. on fibre evidence, blood spatter
analysis, ballistics and firearms discharge residue, DNA tests, sudden infant death, physical signs of sexual abuse, psychiatric illnesses and personality
disorders), transcripts of evidence, summings-up, sentencing remarks, Advices on Appeal, and Court of Appeal judgments. This has provided an invaluable
perspective on how our criminal justice system operates. Like every area of human endeavour it is possible to find examples of immense dedication, integrity
and the application of the highest levels of skill and intellect; it is also possible to find examples of human error, blinkered thinking, dishonesty,
neglect and incompetence. When one or more of these phenomena coalesce in an investigation and prosecution, a miscarriage of justice may arise causing untold
damage to the lives of the individuals affected thereby.
How has your work for the Criminal Cases Review Commission influenced how you write for students?
The 11th edition of Textbook on Criminal Law, published June 2011, remains true to the values and ideals I had twenty years ago. My
experience as a Commissioner has convinced me of the importance of wrestling with the fundamental principles of criminal liability. That struggle must be
used to develop students’ analytical and critical thinking skills so that they may become effective lawyers and, perhaps judges, who by their endeavours may
serve the ends of justice and avoid the horrors that miscarriages generate.
About the author
Michael Allen is Commissioner at the Criminal Cases Review Commission and formerly Professor of Law, Newcastle Law School.
Please visit the catalogue page where you can see a full contents list and order your
inspection copy of Textbook on Criminal Law. Please remember to give us your feedback by completing the comment card.
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Spot the difference
These two criminal law: text, cases and materials textbooks are publishing in new editions in 2012. Do you know which one to recommend to your students? Here's a quick guide to these two popular criminal law textbooks.
Criminal Law, Text, Cases, and Materials, fourth edition
Author: Jonathan Herring
New edition due: April 2012
- Part of OUP's flagship Text, Cases and Materials series;
- exceptional depth of analysis with substantial extracts from key cases and academic materials;
- two part structure to each chapter: explanation of the law followed by examination of theoretical context;
- readers gain not only a secure understanding of the law but also a fundamental appreciation of the surrounding philosophical and ethical debates;
- cases and materials are linked by Herring's thought-provoking commentary;
- clarity of expression brings this difficult subject to life and places the law in context.
Complete Criminal Law: Text, Cases and Materials, second edition
Author: Janet Loveless
New edition due: May 2012
- Part of OUP's Complete series, offering a complete learning resource of text, cases and materials but at an introductory level;
- takes a student-centered approach to the criminal law syllabus;
- clear and lucid explanation of key principles;
- short case extracts introduce students to primary materials without overwhelming them;
- a wide range of learning features presented in an engaging, lively text design consolidate and encourage understanding and application of the law: including thinking points, definition boxes, diagrams, and problem and essay questions.
Online Resource Centres accompany both of these textbooks. Visit the criminal law Online Resource Centre home page here.
If you require any help finding the right textbook for the courses you teach you can talk to your local Higher Education Sales Representative who will be more than happy to give you all the information you need to make the right choice. Visit our higher education contacts page to find your local representative.
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New editions in criminal law and evidence
Keep a look out for these other new editions, all due for publication in 2012:
Also coming soon:
Evidence 3e by Andrew Choo
Criminal Law Core Text 8e by Nicola Padfield
Visit our website to see details of all criminal law and evidence textbooks from Oxford.
If you have any questions about these or other criminal law titles from Oxford or if you would like to request inspection copies then please contact your local Higher Education Sales Representative to discuss your requirements.
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