Introduction/Evaluation Flashcards
What type of offence is murder?
A common law offence
Who originally laid down the definition of murder?
Sir Edward Coke
When was the definition of murder originally laid down?
1797
What is a modern version of Sir Edward Coke’s definition?
The unlawful killing of a human being within the queens peace with the intention to kill or the intention to cause serious harm’
Where is the offence of murder defined?
Not defined under statute as it is a common law offence
Briefly, what are the evaluation points for murder?
Mandatory life sentence Reluctant juries Definition of a human being Intention No defence of duress Partial defences
Explain the ‘mandatory life sentence’ evaluation point…
There a number of problems with this:
1) sentences should be proportional to the type of murder committed (i.e premeditated to a mercy killing). Although we do have a minimum serving time in this country, there is still a mandatory sentence of 12 years which many see as unfair.
This also ties into the points that juries can be reluctant to find someone guilty due to the punishment and that people with different levels of intention are equally blameworthy in the eyes of the law.
Explain the ‘reluctance of juries’ evaluation point…
Juries can be reluctant to find someone guilty based on the punishment
Explain the ‘partial defence’ evaluation point…
Some say they partial defences to murder such as loss of control should no longer be available because they were created in a time when the death penalty existed. However, now there are massive discrepancies in their use leading to inconsistencies.
Explain the ‘definition of a human being’ evaluation point…
R v Poulton was in 1832 and many feel the definition of a human being set out in this case is outdated. Although in the 21st century there is still a debate about this many feel it should comply with the last week when a woman can have an abortion (24 weeks)
Explain the ‘intention’ evaluation point…
Many see it as unfair as to how little intention you can have to be convicted of murder. Someone could intend to cause grievous bodily harm but causes the death and be convicted of murder i.e someone hits someone and breaks their nose and then they hit their head and die of a brain haemorrhage. There should be a further distinction of indirect intent
Explain the ‘duress’ evaluation point…
Many claim it unfair that duress is allowed for almost every offence apart from murder.
What proposed reformation?
Law commission report 2006 - murder, manslaughter and infanticide
What did the Law commission report 2006 - murder, manslaughter and infanticide do?
Suggest reformations of a murder charge
What happened in 2006?
Law commission report 2006 - murder, manslaughter and infanticide
