A Brief Note On Provocation And Its Effects On The Reform Of The Laws

1803 WordsJul 23, 20158 Pages
Provocation is an arising contemporary issue, the effectiveness of both legal and non-legal responses have significantly impacted on the reform of the laws relating to it. Provocation is a partial defence act that can be used by someone who has killed another person if they claimed to be induced with anger or provoked to do it. It can be used to lessen the severity of a charge as the person can say they were provoked into killing someone, pleading guilty of a charge of voluntary manslaughter rather than one of murder which has a longer sentence. Current issues that have risen from this defence are the misuse or rather unfair exploitation of it that has allowed some to get away with murder. Due to this, reform of the law is needed as provocation needs to be reviewed and changed to better in the use and effectiveness in achieving justice. The complications related to provocation have caused a spark within legal and non-legal responses. Legal responses are sourced from government officials and can be seen within legislations and law, whereas non legal responses are sourced from those outside of government, often seen through media, NGOs or other external sources. Many high profile cases, such as the ‘r v Singh’ case have completely changed the dynamics of provocation laws and defences. Provocation arose within the late 17th to early 18th century, it originated from old chivalry where gentlemen would carry around weapons and could act within a code of honour, and killing or

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