Criticisms of Murder, Loss of Control and Diminished Responsibility

It is self-evident that our existing homicide laws atomic number 18 in urgent require of reform when even Ken Macdonald QC, the director of public prosecutions, criticises them and is echoed by several senior judges. In an interview, he proposed that there should be degrees of homicide, not just complete and manslaughter, just three or four degrees. The government has acknowledged this and has asked the law commission to clear up its approach from just examining the law on provocation to have in mind of the whole law on homicide. The law commission itself commented on the current Homicide law (provocation) and stated that the present law of deposit in England and Wales is a mess. The Homicide Act 1957 has been criticised mainly under these participation premises. The Mandatory vivification sentence for committing murder has been criticised for being uniform rigid in the cases of mercy killing, for example, a man whitethorn have helped to kill his terminally ill wi fe because she begged him to reach an end to her pain. The court may feel considerable kind-heartedness for the husband who carried out the act of a mercy killing, only if would still be obliged to impose a smell sentence. The mandatory life sentence for murder means that at one time convicted of the offence, the defendants face the same penalty whether they are serial killers, terrorists or mercy killers.

This inflexibility prevents the court from pickings into account condition or circumstances, both of which can make a monumental difference to the way in which golf-club would view the single offence. In R.v.Lichniak (2002) the defendants argued th! at the life sentence was disproportional to the offence, in break down of article 3 of the European convention of the European normal of Human Rights, an arbitrary, in breakout of Article 5 of the convention. These arguments were rejected by the House of Lords. A further Criticism of finish off is that of the actual definition of Death. The lack of precise definition of death creates incredulity in the law, but the courts...If you want to own a respectable essay, order it on our website: BestEssayCheap.com

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