Homicide Law within England and Wales - Essay Example

In July 2005, government ordered for a review of homicide law, especially connecting to manslaughter in England and Wales2. It is stated that there are many problems in the existing law like it has confusing structure and shaky foundations. It does not reflect the degree of fault or provide right scope. There are areas that need regularisation by legislation because some of these areas are not conducive with the modern society. Two general offences of murder and manslaughter sometimes have a blurred demarcation.

No doubt wilful killing of another person is murder and the rest come under manslaughter. Here again, demarcation is not very clear between gross negligence manslaughter, reckless manslaughter, voluntary manslaughter, involuntary manslaughter and unlawful and dangerous act manslaughter. Current definitions of each of them could be termed as confusing and misleading at times. Current definitions of these offences are mainly based on judicial law connected with precedent individual cases and they are not products of legislation.

Most of them are behind time and do not have much legal base other than societal approval. Difference in intention of only harming and not killing, but killing by mistake is a terribly confusing legal field that could be manoeuvred by a clever lawyer in whichever way he likes. In present law culpability is too wide a field and need to be specified properly. Many reckless killers who kill with abandon are getting lightly punished under manslaughter while they deserve more stringent sentences. Law fraternity3 and police watch helplessly when the defendant goes away with hardly any punishment due to loopholes in law.

Especially the police, who are aware of the committed crime and have seen the atrocity and effect of it, feel totally deceived and disowned by law. Law of manslaughter needs narrowing down urgently. It cannot be allowed to become bigger and bigger almost with every case. Some of the partial defences like concealed partial defences or self defences are set in unclear fields and need more coherence. Provocation is not clearly stated and the whole area is a confusing mixture of judge made law and rather unconnected legislation.

Role of provocation in murder and manslaughter both is extremely difficult to grasp even by