Murder Essay

Question 1

1st Paragraph
P-
E -
E -

Answer 1

P - The definition of murder is old. It originated from Lorde Coke in the 17th century
E - This is bad because the law is out dated. Making it difficult to understand the old fashioned language. Such as ‘aforethought’ and ‘reasonable person or creature’
E - Murder is also defined by common Law. There has been no act of parliament to define Murder. This is bad because we have to rely on case law in order to create a proper definition. This can make the law hard to follow and contradictory.

Question 2

The definition of murder is…

Answer 2

Old. Defined by Lorde coke in the 17th centruty

Question 3

Defined by …

Answer 3

Common law. No act of parliament has been passed to define murder.

Question 4

2nd paragraph
P -
E -
E -

Answer 4

P - The killing must be unlawful.
E - A killing can be lawful. This allows for some uncertainty in the law. D may be able to raise self defence or defence of another. This complicates the law and allows for a person who kills, while using reasonable force, to escape liability.
E- Reasonable force is left for the jury to decide. This makes the law inconsistent as different juries will rule differently.

Question 5

The killing must be…

Answer 5

Unlawful. A lawful killing is where D uses self defence or defence of another. Reasonable force must be used.

Question 6

Reasonable force is…

Answer 6

left for the jury to decide. This creates inconsistencies as different juries will rule differently.

Question 7

3rd paragraph
P -
E -
E -

Answer 7

P - V needs to be a reasonable person/creature.
E - This may be considered unfair that a fetus can not be murdered.
E - If a fetus dies within the womb then D can only be charged with child destruction. This is bad because D will avoid a murder charge.

Question 8

V needs to be…

Answer 8

A reasonable person/creature.

Question 9

D can only be charged with… if they kill a fetus.

Answer 9

child destruction.

Question 10

4th Paragraph

Answer 10

P - The killing must occur under the queens peace.
E - This is fair as it allows soldiers to kill in war lawfully. This is fair as it prevents soldiers from killing innocent civilians or prisoners of war.
E - But, any killing is controversial, even during the war. It can be argued that nobody should have the right to take away another life.

Question 11

The killing must occur…

Answer 11

under the queens peace.

Question 12

A killing under the queens peace is fair because

Answer 12

it protects soldiers killing during the war time. Also protects civilians and prisoners of war.

Question 13

A killing during war time is controversial because…

Answer 13

It can be argued that no body should have the right to take another life.

Question 14

Reform

Answer 14

The law commission suggested murder should be a 2 tier offence.

Question 15

First degree murder

Answer 15

Where D intended to cause serious harm and was aware of the risk of death.

Question 16

Second degree murder

Answer 16

Where D intended to cause harm, but was not aware of the risk of death.

Question 17

Murder tiers are a good reform because

Answer 17

it allows someone who didn’t intend to commit murder to receive a lesser sentence.

Question 18

Mandatory life…

Answer 18

Is only given to someone who intends to commit first degree murder. This protects the public from intentional murdereds

Question 19

Conclusion sentence

Answer 19

Therefore, the need to update the law and implement law reform is as strong as ever.