Evaluation of Murder

Question 1

How is a mandatory life sentence a limitation?

Answer 1

• Doesn’t allow any flexibility.

Question 2

In what circumstances would flexibility regarding sentencing be useful?

Answer 2

• If D has a good motive, such as killing a person who is terminally ill.
• If a jury convicts someone who should have a good defence, such as the Yorkshire Ripper who should have had the defence of insanity.

Question 3

How is the law on the intent to cause GBH a limitation?

Answer 3

D will recieve the same sentence whether they had intent to kill V or not.

Question 4

What is the consequence of D recieving the same sentence regardless of intent?

Answer 4

Makes the offence of murder very wide, as D may not even realise that death was going to happen.

Question 5

How is the law on the intent to cause GBH a strength?

Answer 5

• Ensures violent people can be convicted and punished, providing justice for V’s family.
• Easier to prove intent to cause GBH than to prove intent to kill.

Question 6

How is the legal definition of a human being a limitation?

Answer 6

Unfair that D is not convicted of murder if they kill a foetus.

Question 7

Why is it unfair that D is not convicted of murder if they kill a foetus?

Answer 7

They can convited of child destruction, which is a lesser offence.

Question 8

How is the use of defences a limitation?

Answer 8

The use of defences of inconsistent.