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Criticism’s and Reforms for Murder Essay

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Criticisms and Reforms for Murder

The lack of a precise legal definition of death – creates uncertainty. Most countries have a legal definition of death which is ‘when the brain stem is dead and the victim’s brain cannot function spontaneously.

Criminal Law Revision Committee rejected defining death in a statute in 1980.

The year and a day rule - In order for a defendant to be liable for a homicide offence, the victim had to die within 366 days of the last act done to the victim by the defendant. Criticised because the advances in technology means that victims can be kept alive for longer than 366 days, even though the original injuries remain the actual cause of death

The …show more content…

A concept of conditional intent has been put forward by S and H suggest that a consequence should only be considered to have been intended if it was either the defendant’s purpose, or a result which he believed had to take place if that purpose was to be achieved. For example, if you throw a stone at a person sitting in a car your purpose is to hit them with the stone. You might not intend criminal damage but this will be a condition of you achieving your goal.

Recklessness – It could be argued that some reckless homicides should be classed as murder as they have so little regard for human life that they are morally equivalent to intentional killings e.g. a terrorist who plants a bomb but escapes liability because a warning was given.

Lord Goff has recommended a definition which goes beyond intention to kill and labels murder a killing which displays ‘such wicked recklessness as to imply a disposition depraved enough to be regardless of the consequences’.

Abolishing distinctions between murder and manslaughter – Would take important elements of the decision out of the hands of the jury and give them to the judge - the standard of proof - beyond reasonable doubt - would be

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