Nobody downloaded yet

The laws regarding homicide are an unsatisfactory collection of rules which are unclear and which do not set appropriate leve - Essay Example

Comments (0) Cite this document
Summary
THE LAWS REGARDING HOMICIDE ARE AN UNSATISFACTORY COLLECTION OF RULES WHICH ARE UNCLEAR AND WHICH DO NOT SET APPROPRIATE LEVELS OF CULPABILITY THE LAWS REGARDING HOMICIDE The homicide law revolves around antiquated statutes that ever since the laws were enacted have seldom undergone any major or minor meaningful change…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.7% of users find it useful
The laws regarding homicide are an unsatisfactory collection of rules which are unclear and which do not set appropriate leve
Read TextPreview

Extract of sample
"The laws regarding homicide are an unsatisfactory collection of rules which are unclear and which do not set appropriate leve"

Download file to see previous pages This paper’s aim is to point out some of the major problems and errors that is contained in the homicide law. The first section will be looking at the definition of the homicide and also some of the legislative areas that is covered under the homicide law. The second section will entirely deal with the defects and problems in the homicide law. The third area will briefly look at the legal framework of the said areas and the suggested statutory reforms that can be implemented on the homicide law in Britain. When looking at the word ‘homicide’ in this essay the terms of reference will be in reference to the relationship between the law of murder and the law relating to homicide especially on manslaughter. The definition of murder can be borrowed from classic definition of Sir Edward Coke in 1797: “Murder is when a man of a sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same.”2 For the purposes of convenience in this paper, the definition of homicide will imply the unlawful killing of a human being by another human being. Under homicide offences, murder is the most serious of all but its reform cannot be reflected upon seclusion without the inclusion from the other homicide offences. Under Actus Reus there are four ways in which it can be implemented. 1. UNLAWFUL KILLING When the killing is unlawful there are certain defences that will make the killing lawful for example in the case of self defence. Should the jury find the killing was under self defence; then the killing will be lawful. This will only be possible if the act or omission of the defendant is thought to be legal cause of the victim’s death. Therefore the causation in such a situation must be established. 2. HUMAN BEING Should the killing occur then it must be the killing of a human being who was living. 3. QUEEN'S PEACE This means that the killing of an enemy during the course of war, under the Queen’s peace, the killing will not be classified as murder. 4. DEATH WITHIN A YEAR AND A DAY The killing ought to have been committed within the year and a day for it to be placed under homicide in particular.3 1. MALICE AFORETHOUGHT The mens rea in case of murder is usually malice aforethought. R v Moloney [1985] AC 905 4 (a) Intention to kill When it comes to murder there is always a specific intention for this crime to be committed. The intention might vary accordingly for example in this context the intention might be direct intention or even oblique intention. The direct intention implies that the situation of the defendant desired death in the first place while under oblique intent it means that the death of the defendant was foreseen as not certain although the defendant did not desire the death. The most recent authority on intention is: R v Woollin (1998) The Times, July 23.5 (b) Intention to cause Grievous Bodily Harm (g.b.h) An intention to cause grievous bodily harm is evidenced when there is willingness for acceptance of a substantial risk that the victim in this case might actually die: R v Vickers [1957] 2 QB 664: 6 In England and Wales the law being used ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The laws regarding homicide are an unsatisfactory collection of rules Essay”, n.d.)
The laws regarding homicide are an unsatisfactory collection of rules Essay. Retrieved from https://studentshare.org/law/1464959-ypthe-laws-regarding-homicide-are-an
(The Laws Regarding Homicide Are an Unsatisfactory Collection of Rules Essay)
The Laws Regarding Homicide Are an Unsatisfactory Collection of Rules Essay. https://studentshare.org/law/1464959-ypthe-laws-regarding-homicide-are-an.
“The Laws Regarding Homicide Are an Unsatisfactory Collection of Rules Essay”, n.d. https://studentshare.org/law/1464959-ypthe-laws-regarding-homicide-are-an.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Homicide
...? Homicide Introduction In criminal law, homicide is the unlawful killing of a human being with malice aforethought. In common law and as by statute in various jurisdiction first degree murder is defined as unlawful killing with cruelty aforethought. The phrase malice aforethought connotes the mental state of a person who voluntarily and without legal reason does an act that will normally cause death or serious injury to another individual. Aforethought has been defined to mean malice must exist at the material tome of the homicidal act. The discussion that follows will majorly deal with social learning theory, minds designed for murder theory, thrill...
6 Pages(1500 words)Term Paper
Homicide
...scene. The crime scene investigator and scene supervisor are obliged to notify the medical examiner of the basis and method of passing away the casualty suffered from. This usually depends on the evidence collected at the crime scene. From this case study the cause and manner of death is an involuntary homicide. The victim bled to death. The affiliation of the agency with the therapeutic examiners is very imperative for the successful inquiry since the investigation’s success relies on teamwork and cooperation of both parties (Dieckmann, 2001). For every homicide case filled in the court of law, a medical report about the medical condition of the defendant is required....
10 Pages(2500 words)Case Study
Homicide
...?Homicide Perhaps before interpreting the legal position regarding homicide liability of the persons involved in the presented cases, it is appropriate to describe homicide and the generally applicable practices. Homicide is a category of crimes that involve the unlawful termination of a life of a human being. The category includes criminal acts of killings namely; murder (usually classified as first and second degrees), manslaughter (classified into voluntary and involuntary), infanticide as well as other statutory forms of homicide. Statutory homicide forms are those that are designated by the state...
7 Pages(1750 words)Essay
Homicide
...kills the other person, the homicide is sometimes classified as excusable, rather than justifiable (The free dictionary, 2011). Usually, the existing laws do not make much distinction between the justifiable and excusable homicides and one can see the term justifiable homicide is widely used. b. UNLAWFUL The unlawful killing includes the death of a person caused by another person. It will be regarded as the breach of law and may either sentence for death or imprisonment. The unlawful killing has been considered as part of the criminal law, in other words homicide. Unlawful killing...
8 Pages(2000 words)Research Paper
Homicide
...a person is convicted (as either murder or manslaughter) has resulted in seriously flawed homicide laws, which lack proper structure to convict people appropriately. However, police statistics relating to homicide rates do provide a number of useful information. For example, they let us measure murder and manslaughter rates over long periods of time, which can help police and policy makers investigate trends and patterns to help tackle homicide rates. They also provide police with socio-demographical characteristics of victims, e.g. their gender, age, race, etc, which can be useful in indicating whose most at risk from being attacked....
8 Pages(2000 words)Essay
Laws Regarding Freedom of Expression
...importance. During the first session of the United Nations General Assembly, it was made clear that the freedom of information is an essential human right. In addition, t was made clear that the right forms the basis of all the other rights (Trager & Dickerson, 1999). Laws regarding freedom of expression Regional court, national courts, and other related organizations across the world have reaffirmed that indeed the freedom to information is the foundation of all other rights. The Inter-American court of human rights has pointed out that freedom of expression forms the foundation for the existence of a democratic society (Beatson, & Cripps, 2000). The other reaffirmation is from the European Court...
7 Pages(1750 words)Research Paper
Homicide
...and Bagwell are serving life sentences in Texas today. Randy Woods also received a life sentences. Randy Woods has apologized to Heather’s mother. Out of the three, Woods is the only one to show a shred of remorse. This homicide would be classified under the R for Rape. Another R is Rage. One case of a rage killing was Betty Broderick’s shooting of her ex-husband and new wife. Dan and Betty Broderick met as college students in New England. They fell in love and married while Dan was still in college (Schwartz-Nobel 23). After Dan received his medical degree, he went back for his law degree. Betty stayed by Dan, helping do odd jobs to put him through college. Betty not only...
8 Pages(2000 words)Essay
Homicide
...in higher or middle socio-economic class are less likely to get involved in criminal activities which are listed above. Hence they have lower chances to get involved in homicide offences. The lower socio-economic class suffers great depressions and many forms of frustrations. This class is more likely to get drugged and consume alcohol more than the limits in U.S. Therefore there is a high correlation between socio-economic class and homicide offences as the lower socio-economic class is more likely to get involved in homicide offences than the other groups in higher socio-economic class. Bibliography Blumstein, A. Et al. "Explaining Recent Trends in U.S. Homicide...
6 Pages(1500 words)Essay
Foundations of Laws and Rules
...Chapter Question No. 4 What is the difference between common law and sta y law? Law are patterns of rules which govern conduct and relationships that are established by society. These can either be common law or statutory law. These types of law differ in nature, enactment, time of effectivity and process of amendments. As to nature, common law are rules which have been declared by the court as time-honored principles or have been established as stare decisis while statutory laws are rules passed by legislative bodies. As to enactment, the former...
2 Pages(500 words)Essay
Unclear Energy
...and therefore need to find other means of cooling the reactors. The other difference is the availability of the relevant personnel to run the nuclear plants. Sophisticated and technical knowledge is required to manage a nuclear plant ensuring safety and efficiency. The use of nuclear energy in America started back in the 1940s, and therefore enough plans are set up to ensure enough individuals are trained for this job. Jordan is facing a challenge of personnel to operate the machines and maintain the nuclear power plants as it is something that has never been used before in this country. Environmental impact of the nuclear plants is the other difference. Nuclear energy production releases minimal amounts of greenhouse...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic The laws regarding homicide are an unsatisfactory collection of rules which are unclear and which do not set appropriate leve for FREE!
Contact Us