Assignment on Homicide (pdf)
Added on 2020-10-22
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X Homicide
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................3a) Description and comparison on murder and manslaughter................................................3b.) Various classes of manslaughter, constructive and gross negligence...............................4c.) Defence provocation, suicide pact in murder and manslaughter cases.............................5TASK 2............................................................................................................................................6Main principles for sentencing murder and manslaughter and its procedure.........................6CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTIONHomicide is described as killing of a person by another individual. Usually it is a murderin common terms. Homicide committed by a person in a criminal state of mind. It can be causedknowingly and purposely which leads to a criminal offense. Many homicides occur in a year inUK. Almost 736 homicides have occurred in 2018 in UK. Their exists various jurisdictionregarding different type of homicides (White, 2015). Murders are classified into first degree,second degree, voluntary and involuntary manslaughter. In this report there is description onmurder and manslaughter. Various classes and defence provocation is described related tomanslaughter and murder taking place in UK.TASK 1 a) Description and comparison on murder and manslaughterMurder can be described as unlawful killing without justification with maliceaforethought. It is considered as a homicide crime because it is done intentionally. In murder,malice aforethought is a condition or state of mind that makes homicide to kill another person.This thing differentiates homicide from other criminal activities. Manslaughter is unlawfulkilling without malice implied (Dyer, 2017). It can be voluntary and involuntary. It is anintentional act done without premeditation or sudden provocation. Thus, murder andmanslaughter, both are homicides and unlawful.Comparison between Murder and ManslaughterMurderManslaughter1. Murder is done unlawfully withoutjurisdiction being malice aforethought.1. Manslaughter is killing in which there is noinvolvement of malice.2. In case of murder the person is intended tokill another individual.2. On the other hand, in manslaughter, personis not intended to kill another individual(QC,2016).3. There are various degrees of murder. Firstdegree crime is serious. The first degreepunishment is either death or life imprisonment.In second degree, criminal homicide offense is3. Manslaughter can be classified intovoluntary and involuntary categories. Involuntary, man slaughtering without anylawful base, killing is done on intentional
done and is known as Felony Murder rule. Thisdegree is punishable (Gurian, Elizabeth A,2018). In third degree, a person shoots anotherone and punishment is between 10 and 20years. For example, In England Ann Maguirewas stabbed to death while teaching a Spanishlesson in Leeds. The perpetrator Williamcommitted the murder when he was 15 years ofage and was jailed for minimum 20 years atLeeds Crown Court on 3rd November 2014.basis, from getting provoked by anotherperson who was killed. On the other hand,when a person is dead due to unlawful act andrecklessness, it is known as involuntarymanslaughter (Stewart and et.al, 2018). Forexample, D stabbed his pregnant girlfriend inthe abdomen. She gave birth to prematurechild and the baby died after months.Intentionally, D committed an unlawful anddangerous act that resulted in the death of ahuman being.b.) Various classes of manslaughter, constructive and gross negligenceManslaughter is a criminal offence in which there is no involvement of maliceaforethought. It can be categorised into two classes:Voluntary Manslaughter: Voluntary manslaughter is an act in which there is killing of a personthat is considered as murder because it is committed due to adequate provocation. Criminalcharges are minimized in voluntary manslaughter if adequate provocation resulted in the killingof a person. Adequate provocation can be described as something that is enough to incite anormal person to become an intense and sudden person. Court accept following types ofprovocation:1.The defendant is never calm down.(Miller, 2015).2.There is actually provocation done in order to aggrevate the defendant.3.Act or conduct adequately in order to deprive a reasonable person for self-control.4.There is not enough time between provocation and actual killing and the person nevercalm down.For example: Rv Ibrams and Gregory (1981) 74 Cr App R 154. A young woman and defendantswere bullied and terrorised by the deceased over a certain period of time on 7 October. On 10October they made a plan that included the man enticing the woman to her bed and defendantsburst into the room and attacked him (Griffith, 2018). The defendants made an appeal to judge
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