Why are we talking about murder? Where to start? Violent crime receivesan inordinate, if understandable, amount of attention in the media. Someof the public continue to feel that the criminal justice system is toosoft on offenders. Even the Law Commission has described the legalframework as "a mess".
In what way is the law on homicide a mess? Its report asserts thatsentencing guidelines for murder cases are based on an assumption that"murder has a rational structure that properly reflects degrees offault". Consider the apparent differences between a premeditated murderand manslaughter committed through negligence or in response toprovocation - can there be a clear line dividing these acts? The paperexamines each of the relevant offences in detail, often referring tocase examples, many of which involve children and young people. Itsuggests that we need a new Homicide Act that would introduce a tieredstructure of offences from first-degree murder to second-degree murderto manslaughter. Partial defences such as provocation would reduce acharge from first- to second-degree murder.
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