week 7 lecture 1 Flashcards
What is the general view on homicide as a violent crime?
Homicide is regarded as the most serious form of violent crime due to its irreversible harm to the victim and its far-reaching impacts on the victim’s family, friends, and the community (Brookman, 2022).
What does the term “homicide” refer to?
Homicide refers to the killing of a human being, whether the killing is lawful or unlawful, intentional or unintentional.
How does homicide differ across cultures?
Homicide represents the highest level of aggression in all cultures (Mohanty, 2004).
What is the distinction between lawful and unlawful homicide?
Lawful homicide includes killings during wartime, the death penalty, police shootings, or accidental killings (e.g., boxing). Unlawful homicide includes manslaughter or infanticide, which are legally classified as murder.
What is the legal definition of murder?
Murder is the unlawful killing of another person with “malice aforethought” or intent to kill, as stated by Lord Chief Justice Coke.
What is required for a conviction of murder under the Criminal Justice Act 1964?
Conviction for murder requires proof of the intent to kill or cause serious injury, whether to the victim or another person. A presumption of intent can be rebutted.
What does “intent” mean in the context of murder?
Intent refers to the conscious decision to bring about a specific outcome, like death, with a reasonable prospect of success. It goes beyond merely contemplating the result (People (DPP) v Douglas & Hayes, 1985).
What is the meaning of “serious injury” in the law?
Serious injury refers to harm that creates a substantial risk of death, causes serious disfigurement, or leads to significant impairment of bodily functions (Non-Fatal Offences Against the Person Act 1997).
What is the role of causation in murder?
The accused will be legally responsible for the victim’s death if their actions substantially contributed to the death. The judge decides if there’s sufficient evidence to link the defendant’s actions to the death (Dunne v DPP, 2016).
What is attempted murder?
Attempted murder occurs when someone tries to kill another person, but the victim survives. Even if the intent was to cause serious injury, death may still result in a murder conviction (People (DPP) v Douglas & Hayes, 1985).
What is voluntary manslaughter?
: Voluntary manslaughter occurs when a murder conviction is reduced due to a defense such as provocation, excessive self-defense, or diminished responsibility
What is involuntary manslaughter?
Involuntary manslaughter arises when an unintentional killing occurs, either through gross negligence, criminal negligence, or an unlawful and dangerous act.
What constitutes voluntary manslaughter?
Voluntary manslaughter involves all the elements of murder but is reduced due to provocation, excessive self-defense, or diminished responsibility
What is “gross negligence manslaughter”?
Gross negligence manslaughter occurs when a person’s actions, though not intended to kill, show a high degree of negligence that results in death. The standard is whether a reasonable person would foresee the risk of death (R v Bateman, 1925).
What is the key element in involuntary manslaughter by criminal negligence?
It involves failure to perform a legal duty, gross negligence, or a dangerous and unlawful act leading to death without the intention to kill (R v Adomako, 1995).
