Matthew Gibson - Academia.edu (original) (raw)

Papers by Matthew Gibson

Legal Studies, 2024

Since its inception in England and Wales, the partial defence to murder of loss of control has ge... more Since its inception in England and Wales, the partial defence to murder of loss of control has generated a steady stream of appeals. Individually, those appeals have illuminated key aspects of the plea's operation. This paper, though, is the first to explore that operation via a systematic analysis of every loss of control appeal to date (110 cases). Using that data, the paper frames more effectively, and thus improves understanding of, a neglected phenomenon in the plea: specifically, the decision-making roles of criminal justice 'gatekeepers' - principally trial judges, juries and prosecutors - in governing access to loss of control. In doing so, the paper assesses how far these gatekeepers interpret the plea's requirements in a 'civilising' way - one which prioritises meritorious loss of control claims above those which are unmeritorious. It contends that each gatekeeper struggles to regulate loss of control in such a way. Ultimately, this diminishes the symbolic value these reforms may have had and frustrates any civilising potential of homicide law reform.

Law Quarterly Review, 2024

Criminal offences should be specified so that they fairly convey the wrongdoing which they prohib... more Criminal offences should be specified so that they fairly convey the wrongdoing which they prohibit. This is the principle of fair labelling. But why should that principle matter? In response, this article develops three justifications of fair labelling. These justifications relate to how fair labelling enables offences to communicate with audiences at distinct temporal stages of criminal law – proscription, allegation, conviction; and which, at allegation and conviction, also implicate suspects, defendants, (ex-) offenders, (ex-) offenders’ families, victims, victims’ families and acquitted individuals. Justification #1 arises on proscription: symbolising wrongdoing for citizens. Justification #2 surfaces at allegation: aiding criminal-justice actors in applying offences. And justification #3 materialises upon conviction: declaring liability to citizens. This is not (yet) to claim that fair labelling matters more regarding any justification(s) over the others, although the article concludes by suggesting that this is arguable in respect of justification #3.

Criminal Justice Theory Blog, 2021

Oxford Journal of Legal Studies, 2020

Many common law jurisdictions criminalise penetrative and non-penetrative deceptive sexual relati... more Many common law jurisdictions criminalise penetrative and non-penetrative deceptive sexual relations. Often, they prohibit that conduct under their principal sexual offences, namely rape, sexual/indecent assault etc. This article challenges that practice via two linked processes: criminalisation and fair labelling, respectively. First, it argues that, whilst deceptive sexual relations (with one exception) are equally harmful to a victim's right to sexual autonomy as the relations proscribed by the principal sexual offences, they represent a different wrong. Secondly, it contends that this view entails the creation of separate sexual offences targeting penetrative and non-penetrative deceptive sexual relations. This would better signal to the criminal law's audiences the distinct wrongdoing inherent in these relations. Such labelling becomes critical at the point of conviction given its effects on defendants and other parties.

Homicide in Criminal Law (Routledge, A. Reed & M. Bohlander (eds)), 2018

The principle of 'fair labelling' has become common currency in debates about the scope of murder... more The principle of 'fair labelling' has become common currency in debates about the scope of murder and involuntary manslaughter (the offences which form the focus of this chapter). For that reason, it provides the filter through which this paper assesses those crimes. Section two begins by assessing the labelling implications of the current murder/involuntary manslaughter framework, before considering how satisfactorily these are addressed by the Law Commission’s homicide ladder. That process reveals a range of labelling priorities across these offences. Subsequently, section three undertakes a comparative study of murder and involuntary manslaughter provisions in South Africa, the United States, Australia and Canada. This exercise contextualises the domestic fair labelling priorities already considered and points to possible improvements in labelling strategy. Finally, in light of the domestic and comparative findings, section four considers alternative options in the quest for fair labelling of murder and involuntary manslaughter in English law.

Criminal Law Review, 2017

In Golds, the United Kingdom Supreme Court recently reviewed the meaning of " substantially impai... more In Golds, the United Kingdom Supreme Court recently reviewed the meaning of " substantially impaired " in the reformed diminished responsibility plea. This article assesses the significance of that decision. In doing so, it not only provides insights into the Supreme Court's findings on "substantially impaired" , but also highlights broader implications of the judgment. Such implications relate to the future interpretation of diminished responsibility and, more generally, the role of partial defences to murder.

Journal of Criminal Law, 2017

This article examines the operation of the reformed English diminished responsibility plea in mer... more This article examines the operation of the reformed English diminished responsibility plea in mercy killer cases. In particular, it makes three claims. First, it predicts that – like its predecessor – the revised doctrine will be stretched, where necessary, to accommodate these offenders. This is because: (i) normative arguments remain for convicting them of manslaughter instead of murder; and (ii) other partial defence routes will usually be unavailable. Secondly, it contends that such pragmatism will now be facilitated by a disconnect between: (i) the defence's post-reform narrowing; and (ii) its ongoing interpretive flexibility. Thirdly, given that disconnect, it suggests that this pragmatism will be problematic. Notably, it will: (i) compromise the plea's newfound coherence; and (ii) exacerbate unfair labelling of mercy killers. Ultimately, and more broadly, these difficulties reinforce recent calls for further homicide law reform.

Criminal Law Review, 2016

In November 2015, the Law Commission published a scoping report on the future of offences against... more In November 2015, the Law Commission published a scoping report on the future of offences against the person. Building on previous reform efforts, the report proposed reworked versions of these offences for inclusion in a new statute. This article critiques those plans. First, it summarises the background to the report. Secondly, it outlines the problems with the existing crimes. Thirdly, it examines the comparative coherence of the recast offences. Fourthly, it offers some concluding thoughts on the revised scheme of liability.

La Circoncision Rituelle: Enjeux de Droit, Enjeux de Vérité (Strasbourg University Press, V Fortier (ed)), 2016

This report assesses legal and regulatory responses to the practice of ritual male circumcision i... more This report assesses legal and regulatory responses to the practice of ritual male circumcision in the United Kingdom (UK). Within the UK, England and Wales is the primary focus for discussion: this jurisdiction represents the main legal site in which matters of ritual male circumcision have been considered. Comparatively, there is little, if any, legal guidance on the practice in Scotland and Northern Ireland, although brief reference is made to these separate jurisdictions, where relevant. The report contains three parts. Part II analyses the ways in which criminal law tackles ritual male circumcision. It argues that this arena is an inappropriate vehicle for legal control given the criminal law's incoherence in framing consent as a defence to bodily harm. Moreover, criminal law is unable to address the range of parental and children's rights issues that pervade the procedure. Next, Part III evaluates how family law engages with ritual male circumcision. It contends that this area offers a more conducive setting for discussion of the cultural and social factors relevant to parents and children in determining the legality of the practice. Subsequently, Part IV assesses the role of health law in providing effective guidance on ritual male circumcision. Finally, Part V concludes by arguing that if the procedure is to be legally permitted in specific situations, such guidance should be more detailed in constructing regulation that better protects the interests of parents, children and doctors.

Cambridge Law Journal, 2013

Anti-discrimination claims by religious employees have constructed seemingly intractable conflict... more Anti-discrimination claims by religious employees have constructed seemingly intractable conflicts. The United Kingdom (UK) courts have resolved these workplace disputes by diluting individual religious liberty, particularly when determining disadvantage and proportionality under indirect discrimination. This article explores an alternative UK anti-discrimination claim route for religious employees, namely an employer duty of reasonable accommodation. A comparative analysis outlines the corresponding Canadian duty. This model is applied to UK employment cases featuring indirect religious discrimination, specifically those claims which formed the recent applications in Eweida and Others v. UK. It is suggested that adoption of the Canadian model be considered: its nuanced approach to proportionality is particularly instructive. Whilst such a UK duty could prove controversial, it would cohere with both normative theory in law and religion and conceptual understanding of anti-discrimination law. Moreover, reasonable accommodation’s individualised focus should be acclaimed; it need not compromise collective notions of religious liberty.

Criminal Law Review, 2011

This article considers how addicted and non-addicted intoxicated defendants may fare when pleadin... more This article considers how addicted and non-addicted intoxicated defendants may fare when pleading the diminished responsibility defence as amended by the Coroners and Justice Act 2009. The analysis initially outlines relevant inherited elements of the previous plea before its main focus switches to the replacement schema. Here, attention is particularly targeted at the now closed list of substantial impairment tests and the introduction of a causal link requirement. The new framework is also explored to determine how far it coheres, if at all, with remaining elements of the previous defence. In impacting upon intoxicated defendants it is further submitted that the amended partial defence will pose fresh challenges for judges, juries and medical experts.

Ecclesiastical Law Journal, 2010

Rastafari cannabis use presents a challenge in reconciling the doctrines of freedom of religion a... more Rastafari cannabis use presents a challenge in reconciling the doctrines of freedom of religion and the criminal law. Hitherto, the domestic courts have not resolved this clash in favour of religion, displaying reluctance to explore the doctrinal limits of religious freedom. This has occurred at a time of increasing Rastafari numbers across the United Kingdom, forcing some followers to choose between adherence to either their religion or generally applicable criminal laws. Such ‘choice’ inhibits the development of domestic religious freedoms where they conflict with criminal laws protecting wider societal and communitarian interests. This dilemma could be addressed through a statutory exemption in England and Wales from domestic anti-drugs legislation for purposes of religious manifestation. This paper examines the difficult balance between the criminal law and Rastafari cannabis claims in the relevant jurisprudence. A comparative analysis highlights that treatment of religious freedom in Rastafari cannabis case law outlines not only doctrinal scope for a domestic religious drug-use exemption, but also some ways in which regulation could be practically framed. Other jurisdictions' attitudes to non-religious recreational drug use are also instructive in this task.