Criticisms of Murder, Loss of Control and Diminished Responsibility

It is self-evident that our existing homicide laws atomic number 18 in urgent lead 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 acme its approach from just examining the law on provocation to repute of the whole law on homicide. The law commission itself commented on the current Homicide law (provocation) and stated that the present law of put to death in England and Wales is a mess. The Homicide Act 1957 has been criticised mainly under these affaire 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 may have helped to kill his terminally ill wife because she begged h im to contri bute an end to her pain. The court may feel considerable good-will for the husband who carried out the act of a mercy killing, but would still be obliged to impose a feel 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 posit a monumental difference to the way in which gild would view the single offence. In R.v.Lichniak (2002) the defendant s argued that the life sentence was disprop! ortional to the offence, in break down of article 3 of the European convention of the European normal of Human Rights, an arbitrary, in develop 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 translation of Death. The lack of precise definition of death creates precariousness in the law, but the courts...If you want to own a luxuriant essay, order it on our website: BestEssayCheap.com

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