Evaluation Essay: Murder And Voluntary Manslaughter

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Evaluation Essay: Murder and Voluntary Manslaughter The law on murder has been heavily criticised the Law Commission stated that the present law on murder is a mess and in 2006 called the current law on homicide a ‘’rickety structure set upon shakey foundations.” With some rules in place since the 17th century this means that it’s very old and out of date, as it uses old terminology. Also it is said that there are too many different types of killing which come under the definition of murder. For example euthanasia is not allowed under the law meaning the defendant is guilty of murder. On the other end of the spectrum there is serial killing in which the defendant is also guilty of murder; for example the Yorkshire ripper. Glanville and Williams argued that we should adopt the American degree of murder system; this was a proposal of Lord Phillips in 2007, who is now president of the SUPREEME COURT. The law commission in a 2006 report recommended a tier system. For example first degree murder and unlawful killings with intention carry a mandatory sentence, Second degree murder carries a discretionary sentence this covers manslaughter categories also. Finally third degree murder carries a discretionary sentence this is where the defendant for sees a risk of injury but the victim ends up dying, e.g.: gross…show more content…
However as murder is the most serious crime many believe that it is correct that it follows a mandatory sentence as it gives the family and society a sense of justice is being done. In 2008 Maria Eagle the justice minister stated that ‘’ Murder is a unique crime of particular moral and social significance and the mandatory life sentence reflects society’s abhorrent of it.’’ Basically stating that the mandatory sentence helps reflect society’s disgust at what the defendant has
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