StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Defense Principles in Murder and Manslaughter Cases - Essay Example

Comments (0) Cite this document
Summary
This essay talks about the defense principles in murder and manslaughter cases in Hong Kong. The paper also analyzes whether the law operates effectively and properly in this area of Hong Kong's law or whether any changes to the law are desirable to be applied…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
Defense Principles in Murder and Manslaughter Cases
Read Text Preview

Extract of sample "Defense Principles in Murder and Manslaughter Cases"

Download file to see previous pages The essay "Defense Principles in Murder and Manslaughter Cases" talks about the effectiveness operation of Hong Kong's criminal law in murder and manslaughter cases.
However, not all unlawful killings amount to the crime. The criminal suspects will not be culpable if the Actus reus and Mens rea of the two capital offenses cannot be proved. Unintentional killing or killing that can be partially or completely excused does not amount murder but may amount to manslaughter. The defense must present their case within these parameters.
Despite the similarity between the handling of murder and manslaughter cases in Hong Kong and England, there is a lack of consensus in the former’s application of Mens rea. This was evident in House of Lords A-G’s Reference (No. 3 of 1994) ([1998] AC 245). In the case, the defense resorted to provocation and diminishing responsibility. Provocation should be more clearly defined to shade more light on its use as a defense. Diminishing responsibility, on the other hand, can be entered in cases where a defendant carried out murder due to a natural abnormality in the mind.
Insanity is an important, complete defense that often leads to acquittal or lesser sentencing of criminal suspects involved in a murder. Killings resulting from self-defense normally top the list of cases that are argued under complete defense. These have led many defendants to be acquitted of the murder charges they face. Other exceptional cases in which a “guilty mind” is not proved may attract complete defense....
Killings resulting from self-defence normally top the list of cases that are argued under complete defence9. These have led many defendants to be acquitted of the murder charges they face10. Other exceptional cases in which a “guilty mind” is not proved may attract complete defence:11 for example, a teacher who kills a child through corporal punishment under parental authority12. In such cases, the defence is the lack of “guilty mind,” regardless of the murder impact13. In view of this, Hong Kong’s Mens rea as defence should be repealed to weed out chances of a mind that is not guilty employing a lethal response to milder situations14. Medical practitioners can also cite double effect as defence against murder charges preferred against them for deaths caused in the line of duty15. By administering a poisonous pain reliever, for instance, the resulting patient’s death cannot be completely blamed on the doctor because the patient’s suffering may provoke such a remedy16. The law should be repealed to specify that only when the pain is chronic pain should a physician administer lethal painkillers and evade murder charges if his or her actions result in death. The law is clear on whether marital coercion can be an act of provocation or diminishing responsibility. This was witnessed in HKSAR v NANCY ANN KISSEL FACC No 2 of 2009 case, in which, the court overruled the defence on such grounds, arguing that alleged violence in marriage, and impending divorce fails to meet the test for diminishing responsibility. This test should be upheld, because some victims-turned-suspected murderers may have induced their abuse by their partner in some way17. Partial defences Murder cases are normally reduced to manslaughter through partial defence. The verdict on ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Defense Principles in Murder and Manslaughter Cases Essay”, n.d.)
Defense Principles in Murder and Manslaughter Cases Essay. Retrieved from https://studentshare.org/law/1489496-defense-principles-in-murder-and-manslaughter-cases
(Defense Principles in Murder and Manslaughter Cases Essay)
Defense Principles in Murder and Manslaughter Cases Essay. https://studentshare.org/law/1489496-defense-principles-in-murder-and-manslaughter-cases.
“Defense Principles in Murder and Manslaughter Cases Essay”, n.d. https://studentshare.org/law/1489496-defense-principles-in-murder-and-manslaughter-cases.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Defense Principles in Murder and Manslaughter Cases

Negligence Manslaughter

...? Criminal Law: Negligence Manslaughter Criminal Law: Negligence Manslaughter This is one of the major bodies of law. Itdeals with crimes committed against human or public authority. The law is different from civil law, which deals with crimes between individuals. Murder is an ideal example of a case under criminal law as it is a crime that affects the interest of the public. The laws ensure that there is equality among individuals and the public in general. It prevents the public from negligence, thus facilitating responsibility. Criminal law is distinctive for uniquely serious potential sanctions and consequences for failure to respect its provisions and rules. All crimes have criminal elements, but the difference comes in when one...
8 Pages (2000 words) Essay

Famous Insanity Defense Cases

Insanity defense dates back from Ancient Greece and Rome, however, the first definition that is closer to the modern definition of insanity defense was given by an English Court, in 1843, the insane person being compared to a wild beast. However, an earlier definition explains insane defense as it follows: “If a madman or a natural fool, or a lunatic in the time of his lunacy do [kill a man], this is no felonious act for they cannot be said to have any understanding will.” In the USA, some of the leading historical moments directly connected to the insane defense are: the case Durham v. United States , (which established the Durham rule, also known as the “Product test”), the drafting of the American Law Institute Test (1953), t...
3 Pages (750 words) Essay

Murder

However, it is a fact in criminal law, that the “criminal intent” or the “mens rea” of the offender to be convicted for the commission of any of the crimes under the Code requires a different degree of culpability which is dependent on the nature of the crime. Hence, the elements of these two crimes are to be treated differently. The issue that presented before us now that needs to be resolved is: The Mens rea for murder is too narrow in certain respects and too wide in others. The fault element for involuntary manslaughter is simply too wide. To differentiate these two crimes, first thing that needs to be done is to identify the elements for the commission of each of the crimes. We start with the crime of Murder. Alan W. Norrie...
8 Pages (2000 words) Essay

The Differences between First Degress Murder, Second Degree Murder, Third Degree Murder, Voluntary Manslaughter, and Involuntary

... Slaughter: Voluntary Manslaughter, Gender and the Model Penal Code”. Emory Law Journal 50(2001): 650-696. Milgate, Deborah. “The Flame Flickers, but Burns On: Modern Judicial Applications of the Ancient Heat of Passion Defense”. Rutgers Law Review 51(1998): 196-229. Ressler, R., et al. “Sexual Killers and Their Victims: Identifying Patterns through Crime Scene Analysis”. Journal of Interpersonal Violence 1(1986): 159-205. The Legal Defenders. Chicago Criminal Defense Attorneys. 17 September 2011. http://www.thelegaldefenders.com/murder-attorney-chicago-illinois.html....
4 Pages (1000 words) Research Proposal

Corporate Manslaughter

...Corporate Manslaughter Corporate manslaughter is a term in English Law. English Law describes the law which for the time being is used in England andWales. Corporate manslaughter refers to an act of homicide committed by a company. The Court of Appeal in one of the cases of the Herald of Free Enterprise disaster which took place in March 1987 confirmed that a company can in principle commit manslaughter. (Corporate Manslaughter, 2006) A company can be held responsible for committing such a crime if there is a work related death in the company. The felony is essentially linked to whether a director or senior manager, in other words a "controlling mind or will" of the company is guilty of manslaughter. If the director or senior manager...
9 Pages (2250 words) Essay

Murder Trial and Murder Case

...Murder Trial and Murder Case The issues pertaining to the case were that an infant daughter (Lillian Rose) and her mother (Rachel Entwistle) were found dead, the reason for the death had been that of being shot by the same bullet. They were killed in their Cubs Path Home. Further the authorities have deduced that the father who was not home at that time and is still missing has been said to be a person of interest. The possible conviction of murder by the suspect and how the facts and the evidence had lead to such conviction had been resolved in the case. The murder case of Entwistle deals with an English man Neil Entwistle who was firstly established to be a possible suspect and was finally convicted of murdering his infant child...
7 Pages (1750 words) Case Study

Murder and Manslaughter

Murder and Manslaughter Murder and Manslaughter A commonly asked question is the difference between manslaughter and murder. The two processes have a similar result. It is important to note that an accused state of mind as he commits the act determines if the crime would be murder or manslaughter. It also determines the different degrees of murder (Morris & Blom-Cooper, 2011).
Murder
Murder is killing with malice. It is important to note that malice is grouped into two categories that include express and implied malice. Express malice is found when the accused intended to kill while implied malice is when the accused intentionally committed a dangerous act which he knew very well will endanger the victim’s life. Murders ar...
1 Pages (250 words) Assignment

Voluntary Manslaughter, Robbery

...Discussion 1. Voluntary manslaughter is also known as “intentional killing.” In a case of voluntary manslaughter, the offender has no premeditation, malice or deliberation to commit an offence. Circumstances causing the killing are those that would make a mentally reasonable person to become mentally or emotionally disturbed. According to the federal law, Voluntary manslaughter is defined as unlawful killing of a person without malice, upon the “heat of passion” or sudden quarrel. In the context of the federal law, heat of passion is an irresistible emission a reasonable person would experience. An example of a voluntary manslaughter would occur in a case where people who hardly know each other engage in a quarrel based on religious...
2 Pages (500 words) Assignment

Murder and manslaughter

or in the event that the offender causes death in the process of carrying out an illegal act.2 According to Sir Edward Coke, murder is applied where a person of sound memory and age unlawfully kills in any country another human being under King’s peace with malice, which is premeditated as expressed by the party or implied by the law such that the wounded person dies within an year and a day out of the same. 3
To conclude that the person should be held under actus reus, there first of all has to be unlawful killing and the act of the offender must have been the established cause of death of the victim.4 The killing must be of another human being and under queen’s peace which means stipulates that killing of an enemy in war is...
10 Pages (2500 words) Essay

The Transformation of Management Principles in Ernst and Yong

The world is becoming a global village. The evolution process has changed the face of the earth and all her nations. The economy has changed and so have the governing principles on which they are based. Hence, the managing techniques for the betterment of quality in living and communication have undergone metamorphosis too. At the workplace, change is a constant factor; growth and progress are prerequisites to survival in a competitive atmosphere. The process of adaptation and reformation happens at various levels and varied paces in each organization. How commercial organizations and the people within the organizations, transformed while contributing themselves to transformations, can be understood through case studies of various...
8 Pages (2000 words) Case Study

Activities and Principles of Ethnography

"In it’s the most characteristic form it involves the ethnographer participating, overtly or covertly, in people’s daily lives for an extended period of time, watching what happens, listening to what is said, asking questions - in fact, collecting whatever data are available to throw light on the issues that are the focus of the research. Equally, though, as we shall suggest later, there is a sense in which all social researchers are participant observers; and, as a result, the boundaries around ethnography are necessarily unclear" (Hammersley and Atkinson, 1995, Pg 1-2)
One difficulty with the notion of ethnography is that it may seem a residual category. It is associated with the study of people, not ourselves,...
14 Pages (3500 words) Assignment

Constructive Manslaughter

Constructive manslaughter assigns guilt to the defendant even though they may not have intended the injury or death of the victim and a reasonable person may not have conceived that the death would result, but the responsibility for the death, none the less, is found in the commission of an illegal “quite unconnected and possibly minor unlawful act” (LAW COM 237, 1996: p. 13) which resulted in the death.  As found in Creamer[1]:

A man is guilty of involuntary manslaughter when he intends an unlawful act and one likely to do harm to the person and death results which was neither foreseen nor intended. It is the accident of death resulting which makes him guilty of manslau...
22 Pages (5500 words) Term Paper

Practices and Principles of Adult Nursing

These would gradually reduce her little depression and give her more hope over her life. And also one fact should be noted that she is a 65-year-old woman, so she still has chances of recovery.

Osteoarthritis: The National Institute of Arthritis and Musculoskeletal and Skin Diseases has this definition for Osteoarthritis as “ Is the most common type of arthritis, especially among older people. Sometimes it is called degenerative joint disease or osteoarthrosis. Osteoarthritis is a joint disease that mostly affects cartilage. Cartilage is the slippery tissue that covers the ends of bones in a joint. Healthy cartilage allows bones to glide over one another. It also absorbs energy from the shock of physical activity&...
9 Pages (2250 words) Assignment

Human Performance: Theories and Principles of Motivation

I have been assigned two HRM consultants who are busy designing the motivation questionnaire to be administered to all the group employees. However, this also gave me an opportunity to reflect over my personal strengths and weaknesses as I would soon have the most responsible task of convincing the top management about the contents of the questionnaire and the finalization of motivation report and its possible uses in the group in the formulation of exact policies and tactics to improve employee morale. My immediate boss gave me this entire assignment breaking the line structure and formalized it by getting it ratified by the board. He also built an incentive and bonus deal for me to be awarded on the successful completion of the...
12 Pages (3000 words) Case Study

Corporate Governance: The OECD Principles of 1999

The OECD report applies mainly to those corporations whose stock is publicly traded rather than to private corporations. However, the King Report on corporate governance that was put forth in 2002 takes into account the corporate scandals that have occurred. Therefore it focuses on corporate governance within individual firms and includes the scope of Director responsibilities and duties of the Board. It also allows for the impact of technology and its impact on corporate governance. Therefore, while the OECD approach is broad-based, the approach is company-specific in the King Report. Moreover, the OECD report does not take into account individual director responsibilities or the impact of technology like the King report.
9 Pages (2250 words) Term Paper

Analysis of the Diabetic Ketoacidosis Cases

Currently, he takes a total of 32 units of insulin each day, 10 units of intermediate-acting insulin, and 6 units of rapid-acting insulin each morning and evening. He monitors his blood glucose about three times a week. He feels that he is too busy for a regular exercise program and that he gets enough exercise in clinical placement and in weekend sports activities. He has not seen a health care provider for over a year. One day during a 6-hour practical, Mr. Melgrave notices that he is urinating frequently, is thirsty, and has blurred vision. He is very tired but blames all his symptoms of working too much and studying for school. He forgot to take his morning insulin and realizes he must have hyperglycemia but decides that he wi...
6 Pages (1500 words) Case Study

Analysis of International Business Law Cases

Further Article 4 of the WIPO Copyright Treaty, 1996 provides that “Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression”.

The Berne Convention for the Protection of Literary and Artistic Works, 1886 (the “Berne Convention”) provides for certain exclusive rights to be safeguarded for all authors. Amongst others, the Berne Convention gives the author an exclusive right to reproduce the work, though some provisions are made under national laws which typically allow limited private and educational use without infringement. Further, the author also h...
11 Pages (2750 words) Assignment

Characteristic of Murder Scenes in Literature

...The following work analyzes two murder scenes, one of which is extracted from chapter forty-five of Perfume, a novel written by Patrick Süskind, and the other from chapter eleven of Thérèse Raquin, one of Emile Zola’s most famous literary works. In Perfume, Grenouille, the main character, murders a young girl in order to extract her scent which forms the ultimate ingredient required to successfully create his exquisite perfume. The enchanting odour of this perfume would serve Grenouille’s goals as it would make him hypnotize people.On the other hand, in Thérèse Raquin,Thérèse ,an adulterous wife, gives her consent to Laurent, her lover, to kill her own husband,Camille,as he’s the osbtacle standing against their mariage. The similarities...
6 Pages (1500 words) Case Study

An Evaluation of the Role That the Principles of Behaviour Therapy Have to Play in Clinical Hypnosis

Hamburg (2006) first used this combined effort to treat two patients who were scared of dying. He uses his paper to encourage clinicians to refrain from not using their knowledge at the introductory classes of hypnosis but to go into it deeper. Many therapists at that time were taking the bold step of combining behavior therapy with hypnosis (Chaves, 2006). One group used hypnosis for desensitization therapy (Kirsch et al, 1995). However, there was general disagreement about the manner of hypnosis being employed and the methods of mentalist constructs. Chaves who strongly believed in the treatment combination used it as a base for many of his therapeutic interventions (Chaves, 1997a as cited in Chaves, 2006). The hypnotic therapy...
8 Pages (2000 words) Article

Abortion and Murder: Tracing the Missing Link

As alluded to in the above preliminary lines, the dilemma surrounds life; the life of the unborn for that matter. A politically correct argument, which has found favor in the courts of law, is that abortion is not in the category of capital punishment per se (Novak, 2007, p. 45). But, do humans really have a choice? When does life really begin? This essay dives deep into the literature to demarcate facts from fiction, supporting the very premise that abortion, whether legal or otherwise, is indeed murder; for it involves terminating a life that every single individual is entitled to in equal measure.
Tradition and common sense have always been unanimous, though with basic assumptions, that the human race actually knows what t...
6 Pages (1500 words) Thesis
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 Defense Principles in Murder and Manslaughter Cases for FREE!

Contact Us