Methodology
 

In order to study the crime of passion, I endeavoured to find sources which related to the subject and would help me with my research. This was achieved with varying success. To investigate the standing of current criminal law, I used textbooks on criminal law, and the legislation itself I also studied case law, which involved reading several cases with judgements pertinent to the discussion. These were found using citations in books and articles, and also through searching on the worldwide web.

Searching for primary and secondary sources regarding the crime of passion itself was difficult, as there seem to be few sources on this subject, and not all were relevant. However, a few sources were found. This was done through searching on the worldwide web and using library resources such as interlibrary loans, although several of these loans never transpired. Due to the comparative nature of the study, some of the articles were in French or German, particularly French. These articles took some time to read as I had to translate them first. My most useful article (Ancel, 1958) was one such source.

When I first started this study, I intended to interview those involved in domestic violence organisations to find out how provocation and the inclusion of the crime of passion would affect their work. I contacted several organisations regarding this, but to no avail. Only one organisation replied, but this was a negative response.

A large section of this dissertation is a comparative study of the situation in England and Wales and other jurisdictions, particularly France. To achieve this, it was necessary to find sources regarding the situation in these jurisdictions. Through the use of the worldwide web, I was able to find an invaluable primary source - the French Penal Code in full. Commentary regarding other jurisdictions was also found in the same way, although I was also able to acquire some journal articles as well. Commentary was particularly rich on the subject of battered women and the Battered Spouse Syndrome, especially regarding its usage in other jurisdictions such as Australia and Canada.

To establish the views of the public on some issues, I also made use of the media, through reading newspaper reports on various subjects - particularly regarding the mandatory life sentence (Dyer, C., 2001).

Through the use of primary sources such as legislation and case law, and secondary sources like commentary, discussion, lecture transcripts and newspaper reports, I have been able to proceed with my research.

 

Continue to Chapter One.

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