Murder critical evaluation and possible reforms Flashcards
What are the issues that surround omission and murder
Usually the actus reus of murder has to be a positive act but in some cases omissions can count. This gives an era of uncertainty to the law which make way to some unjust rulings such as in Bland and Gibbins vs Proctor.
What is the issue surrounding the chain of causation
The circumstances that will break the chain of causation are complex and the jury might not understand what qualifies therefore there is inconsistency in rulings
What is the issue surrounding the thin skull rule
It seems a little unfair that due to someones characteristics that a person might be liable for murder even if they do not intend to kill.
What is the issue surrounding the law of intent
There is no statutory definition therefore it is up to judges to infer the aims of parliament which can leave the law unclear and open to interpretation
Sate the issues surrounding the mens rea
The mens rea is intent to kill or seriously injure surely for such a serious crime it should just be intent to kill?
What is the issue with the mandatory life sentence
It means that the judge has no discretion in sentencing they cannot take into account any characteristics of the defendant for example in euthanasia cases
Who suggested the three tier structure for homicide?
The law commission
What was the law commissions three tiers?
- First degree murder
- Second degree murder
- Manslaughter
Explain first-degree murder
Intent to kill, or seriously injure knowing that your actions carried a risk of death. A mandatory life sentence will be given
Explain second degree murder
Killing with the intent to cause serious harm or where there is a defence of loss of control or diminished responsibility. The judge would not be force to give the life sentence and a range of sentencing powers will be available to them
Explain third degree murder
This is killing without intent and is known as involuntary manslaughter. There must be an intent to cause some kind of harm though. Range of sentencing powers.
What was the last recommendation of the law commission
That the government should take public consideration that there should be an additional defence to murder in the form of a ‘mercy’ killing.
What are the general issue surrounding the law in murder that the law commission identified
There law on murder has been left unaltered since the 17th century and many known the need for reform. Parliament did pass sentencing guide lines in 2005 however they where made in the assumption that the law on murder is set out with clear levels of fault and therefore developed the guidelines accordingly however the law on murder is in dire need of clarification.
