Criminal Law Report: An Overview of Murder and Related Offences

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Added on  2023/01/16

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This report delves into key concepts within criminal law, specifically focusing on the UK legal framework. It examines the principles of *mens rea*, including intention and recklessness, and explores the concept of strict liability. The report then concentrates on the law of murder, outlining its definition and associated problems, such as those related to unlawful homicide and the required *mens rea*. Furthermore, it discusses proposed reforms by the Law Commission, including a two-tier system similar to the American criminal justice system, and the importance of the contemporaneity concept, which requires the actus reus and *mens rea* to coincide. This report aims to provide a comprehensive overview of these crucial aspects of criminal law and their implications.
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CRIMINAL LAW
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Table of Contents
Journal entries..................................................................................................................................3
UNIT 5.............................................................................................................................................3
UNIT 6.............................................................................................................................................3
REFERENCES................................................................................................................................5
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Journal entries
From unit 5 and 6 I learned many things. first is that I gained knowledge about criminal law
in UK and meaning of various words in terms of law. also, learned what is law of murder and
problems with offence of murder along with what reforms are made by Law commission. This
will enable me to become a lawyer and educate other about crimes.
UNIT 5
Principle of mens rea
The principle state that both physical act and guilty mind has to be present at same time
for crime. (Law, 2017)
Intention and recklessness as fault terms
Intention means direct. Here, defendant has desire to
Recklessness is taking of unjustified risk as fault terms.
When criminal liability could be imposed for negligence
the criminal liability can be imposed when victim prove that dedendant owned duty of
care that was breached.
Strict liability and offences of strict liability
Strict liability means mens rea is not proven guilty in relation to more than one element.
But intention, recklessness is required as other element in offense.
Offences of strict liability are criminal offences in which no element is required such as statutory
rape and felony murder.
UNIT 6
Law of murder
In UK lar of murder is criminal offence under common law. The murder is considered as
homicide where intention is to cause death or injury in unlawful manner by one person to
another.
Problems with the offence of murder
There are many problems in offence of murder. They are:
Offence related to homicide against the person. (Sutherland, 2017)
Unlawful homicide offence
Mens rea of murder.
Reforms proposed by the Law Commission in the area of unlawful homicide offences
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Many reforms are been proposed by law commission.
Two tier system similar to American criminal justice system by splitting into first and second
degree.
The second is that law of murder comes from fundamental criminal justice system. In this
contemporaneity concept state that actus reus and mens rea must coincide to produce a fair
sentence.
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REFERENCES
Books and journals
Law, C., 2017. Assessing their Contribution to International Criminal Law (TMC Asser. Journal
of International Criminal Justice, 15, pp.1049-1055.
Sutherland, E.H., 2017. Is “White-Collar Crime” Crime?. In White-collar Criminal (pp. 3-19).
Routledge.
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