Murder/Voluntary Manslaughter Criticisms and Reforms

In this paper I will be discussing everything you need to know about the death penalty such as its pros and cons. While the innocent can be killed, the death penalty has its pros because it prevents them from killing again if they are released or have escaped from prison, it helps overpopulated prisons, and it can help victims’ families get justice and closure. Not only can the innocent be killed, but in the past the death penalty was very inhumane. To some its feels right but to others they feel like 2 wrongs don’t make a right. Most people think that the defendant deserves the death penalty, but what does the defendants’ family think?

The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective

Defences for Murder There are only three partial defences for murder; suicide pact, provocation-the loss of self control and reaction must be instantaneous and diminished responsibility. Amongst the three mentioned two are most frequently used, these are provocation and diminished responsibility, and only one full defence, self defence. These defences are used to reduce the sentence charge by the defendant to manslaughter from murder. In the following text I will be examining how men use provocation and diminished responsibility to walk free from murder.

Despite recent reforms on the law of murder and voluntary manslaughter; including the special defence of diminished responsibility and loss of control, there are still inconsistencies present making the law unsatisfactory. This area of the law is in ‘dire need of reform’; as pointed out by the Law Commission in their 2006 report; Murder, Manslaughter and infanticide. The report stated how ‘The Law governing homicide in England and Wales is a rickety structure built upon shaky foundations.’

Why is the death penalty used as a means of punishment for crime? Is this just a way to solve the nations growing problem of overcrowded prisons, or is justice really being served? Why do some view the taking of a life morally correct? These questions are discussed and debated upon in every state and national legislature throughout the country. Advantages and disadvantages for the death penalty exist, and many members of the United States, and individual State governments, have differing opinions. Yet it seems that the stronger arguments, and evidence such as cost effectiveness, should lead the common citizen to the opposition of Capital Punishment.

Provocation was previously controlled under S2 of the homicide act 1957, the act stated where a person kills or is party to a killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing. The new defence S54-56 Coroners and Justice Act 2009 replaced defence of Provocation S3 Homicide Act 1957; it came into force October 2010.

This essay will ultimately contend that the Sentencing Amendment (Coward 's Punch Manslaughter and Other Matters) Act 2014 is an ill-founded initiative made by legislators, giving the impression of a powerful Government without truly reducing the violence. Using a close reading of each provision of the legislation in unison with extrinsic materials, this piece will outline the efficacy, necessity and likely impacts of the Act.

In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately

An innocent man is wrongly executed whilst a man who raped and murdered a mother and her thirteen year old daughter spends the rest of his life with three meals a day and cable television. Which of these is the bigger injustice? The use of the death penalty to punish serious crimes is a very controversial topic and there is much debate surrounding the issue. This paper will briefly discuss arguments supporting and against the use of the death penalty.

The Judge held that the phrase “sudden and temporary loss of control’ summarizes the main idea of the defence of provocation, and that its main purpose as a defence is strictly concerned with the actions of an individual who as not that that moment master of his own mind. However, the longer the interval of time between the provocation and the fatal act the stronger the evidence on deliberation.11

Also “Von Hentig criticised the traditional offender-oriented nature of criminology proposing a new dynamic approach to the study of crime that incorporated clear recognition of the victim’s role in the crime” Victim precipitation has its advantages, as today it can be used as a case of defence where by the defendant can plead man slaughter/self-defence due to the victim provoking the defendant which led to the murder/attack being committed. (Brookman, F2005)

‘R v Stone; R v Dobinson’ is significant as it addresses the point of ‘duty of care’ and the outcome was described as “highly controversial because of the low capabilities of the two accused” . Appellant Gwendoline Dobinson was treated differently to appellant John Edward Stone due to her gender. Dobinson was expected to care for Fanny due to women being the “primary care-givers in domestic relationships” , proving that “the rule on voluntary undertaking of responsibility potentially remains structurally gendered” . The case was dealt within the Criminal Division of the Court of Appeal by Geoffrey lane LJ, Neild and Croom-Johnson JJ. The appeals against conviction were dismissed although the appeal by Stone against his sentence was allowed, altering his sentence. The decision was also influenced namely “whether in a case of manslaughter it is necessary to prove that the defendant was reckless as to whether the victim would suffer death of serious bodily harm” .

Jane and Steve have been married for five years. Steve lost his job a year ago and has been unable to find employment since then. Jane is a successful hairdresser. Steve has lost his self-confidence and has become so depressed that his doctor has placed him on medication.

From an early age, children are taught that murder is morally wrong. In today’s complex society that is impeded by unsettling periods of civil unrest, it is an expectation for everyone to acknowledge and accept that murder is one of the worst crimes individuals can commit. Perhaps it can be said that the death penalty is one of our legal system’s biggest contradictions of itself, as, if someone commits murder (or another heinous crime of that caliber), such ‘murderers’ will, in states that have capital punishment laws, be sent to Death Row and ultimately murdered in order to prevent potential future crimes by such perpetrators. I believe that the death penalty is wrong not only as it is immoral to take a life, but also, such ineffective laws waste money and do not deter crime.

n criminal law, the mens rea refers to the defendant's state of mind at the time of their crime and there are several levels reflecting the need to have a particular mens rea for the offence committed. For example, in murder or a S:18 offence in the Offences Against the Person Act 1861, the mens rea present must be that of specific intent, which is where the defendant desired that particular outcome of their actions. However, it was held in R v Cunningham 1982, that the intention to cause serious harm was enough to satisfy the mens rea for murder. This shows that, where murder cases are concerned, that it is relatively easy to prove the required mens rea and in doing so the concept of fault is often satisfied. This is once again shown in oblique