Homicide, Murder and Manslaughter Assignment

Added on - 22 Nov 2020

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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1a) Presenting murder and manslaughter.................................................................................1b) Presenting various classes of manslaughter.......................................................................2c) Describing special defence available for murder and manslaughter..................................3TASK 2............................................................................................................................................5Presenting main principles behind sentencing for the crimes of murder and manslaughter..5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................72
INTRODUCTIONLegal principles and laws play an important role. The purpose of this study is to focus ondifferent laws and analysis the basic deviations between crimes of murder and manslaughter. Thereport also presents various classes of manslaughter and talks about special defence available formurder as well as manslaughter. It evaluates the legal principles and case laws applicable fordefence and analysing theory of sentencing in relation to this. The present document alsodiscusses the minimum life tariff with respect to life sentences.TASK 1a) Presenting murder and manslaughterMurder:It is one of the most serious conducts. Under common law, murder is unlawfulkilling of a human being with a desire to harm someone. This is not pre- planned or lawlessfatality that are done without any justification or excuse. It is considered as an offensive activityunder law and consider the most serious form of homicide (Chiodini, 2018).Manslaughter:Manslaughter refers to the killing of another person but it is a clear formof law- breaking of murder. It is considered as less serious as compared to murder and it may bevoluntary or involuntary. The Homicide Act 1957, provides many offences which can be raisedto permit court in order to find guilty of a suspect. It can be done if a person is suffered fromabnormality of mind, have some specified causes, impairment of mental responsibility, loss ofcontrol etc.Difference between murder and manslaughterMurderManslaughterMurder is a successful attempt to killany human being.Considered as one of the most seriouscrimes according to Common Law.Murder happens when someone diesbecause of planning or with maliceintent (Difference between murder andmanslaughter,2018).It is classified into first degree, seconddegree and third degree of murder.Manslaughter is a dangerous result ofan unwilling act.Considered as less serious crimecompared to murder.It is done due to loss of control, mentalimbalance.It is classified into voluntary orinvoluntary manslaughter.Punishment is less unpleasant ascompared to murder.1
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