This document discusses arguments for and against reforming the law of murder in England and Wales. It outlines the current law and definitions of murder and manslaughter. Critics argue that the definition of murder is both too wide, capturing killings that should not be considered murder, and too narrow, excluding some killings that should be considered murder. The document also discusses complaints that the law on manslaughter is too broad. It notes proposals by the Law Commission to reform the structure of murder and manslaughter laws to address some of these issues.
This document discusses culpable homicide and murder under Indian law. It begins by providing background on the definitions and origins of the terms "homicide" and "murder". It then examines the key differences between culpable homicide and murder according to Sections 299 and 300 of the Indian Penal Code. Culpable homicide involves acting with the intention to cause death or injury, while murder involves additional conditions like knowledge of an act's dangerous nature. The document also reviews the punishments for culpable homicide under Section 304 and for murder under Section 302.
A Debate of the Death Penalty Essay
Pro Death Penalty Essay
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Essay on Death Penalty
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The Death Penalty Discussion Essay
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This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
Khadija Jones - Death Penalty Thesis PresentationChavez Schools
Khadija Jones is a senior graduating from Chavez Capitol Hill High School with a 3.1 G.P.A. She was awarded the “Outstanding Achievement” award from Legal Services Corporation and won the 3rd Place Speaker award in the Urban Debate League. Her volunteer and work experience include, New Orleans and Back, The Spirit of Black D.C. and a fellowship at the U.S. House of Representatives with Rep. Jared Polis. Miss Jones is interested in pursuing an undergraduate degree in history and a master’s degree in education. Khadija will be attending Coppin State College in the fall.
Murder accounts for 59% of total convictions under the Indian Penal Code. Determining criminal intent remains a challenge for the judiciary. This project aims to study the differences between culpable homicide and murder. Culpable homicide is defined as causing death but without intention, while murder involves the intentional causing of death or bodily harm known to likely cause death. The key differences are the mental elements involved - murder involves intent to kill or cause serious injury, while culpable homicide does not. Understanding the distinction between these two crimes is important for determining appropriate punishment under Indian law.
This document discusses arguments both for and against the death penalty. It begins by outlining arguments from supporters of capital punishment, including that it deters crime by preventing murderers from killing again and that no innocent people have been proven to be executed. However, it then notes several reasons given by opponents, such as that the death penalty is too expensive compared to life imprisonment and that studies have failed to prove it deters homicides more than other punishments. The document provides an overview of the debate around the death penalty.
Texas has one of the highest rates of capital punishment in the United States despite also having a higher than average homicide rate. Research has shown conflicting results on whether the death penalty deters crime or not. Some studies have indicated that states with the death penalty have higher murder rates than abolitionist states. The document also discusses debates around media coverage of executions and how it impacts views of capital punishment.
Capital punishment refers to the legal practice of executing individuals for criminal offenses. Common methods of capital punishment vary around the world but include hanging, lethal injection, electrocution, and firing squad. Proponents argue that capital punishment deters serious crimes, ensures criminals do not reoffend, and provides a sense of justice or retribution for victims' families. However, others believe the practice should be abolished as it is economically inefficient, prone to racial bias, and risks executing innocent individuals who cannot be exonerated after the fact. Studies have also failed to find clear evidence that capital punishment deters crime more effectively than other sentencing options such as life in prison.
This document discusses culpable homicide and murder under Indian law. It begins by providing background on the definitions and origins of the terms "homicide" and "murder". It then examines the key differences between culpable homicide and murder according to Sections 299 and 300 of the Indian Penal Code. Culpable homicide involves acting with the intention to cause death or injury, while murder involves additional conditions like knowledge of an act's dangerous nature. The document also reviews the punishments for culpable homicide under Section 304 and for murder under Section 302.
A Debate of the Death Penalty Essay
Pro Death Penalty Essay
The Death Penalty in America Essay
Essay on Death Penalty
The Death Penalty Essay examples
The Death Penalty Discussion Essay
Opinion on the Death Penalty Essay
Essay on Death Penalty
Is the Death Penalty Ethical? Essay examples
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
Khadija Jones - Death Penalty Thesis PresentationChavez Schools
Khadija Jones is a senior graduating from Chavez Capitol Hill High School with a 3.1 G.P.A. She was awarded the “Outstanding Achievement” award from Legal Services Corporation and won the 3rd Place Speaker award in the Urban Debate League. Her volunteer and work experience include, New Orleans and Back, The Spirit of Black D.C. and a fellowship at the U.S. House of Representatives with Rep. Jared Polis. Miss Jones is interested in pursuing an undergraduate degree in history and a master’s degree in education. Khadija will be attending Coppin State College in the fall.
Murder accounts for 59% of total convictions under the Indian Penal Code. Determining criminal intent remains a challenge for the judiciary. This project aims to study the differences between culpable homicide and murder. Culpable homicide is defined as causing death but without intention, while murder involves the intentional causing of death or bodily harm known to likely cause death. The key differences are the mental elements involved - murder involves intent to kill or cause serious injury, while culpable homicide does not. Understanding the distinction between these two crimes is important for determining appropriate punishment under Indian law.
This document discusses arguments both for and against the death penalty. It begins by outlining arguments from supporters of capital punishment, including that it deters crime by preventing murderers from killing again and that no innocent people have been proven to be executed. However, it then notes several reasons given by opponents, such as that the death penalty is too expensive compared to life imprisonment and that studies have failed to prove it deters homicides more than other punishments. The document provides an overview of the debate around the death penalty.
Texas has one of the highest rates of capital punishment in the United States despite also having a higher than average homicide rate. Research has shown conflicting results on whether the death penalty deters crime or not. Some studies have indicated that states with the death penalty have higher murder rates than abolitionist states. The document also discusses debates around media coverage of executions and how it impacts views of capital punishment.
Capital punishment refers to the legal practice of executing individuals for criminal offenses. Common methods of capital punishment vary around the world but include hanging, lethal injection, electrocution, and firing squad. Proponents argue that capital punishment deters serious crimes, ensures criminals do not reoffend, and provides a sense of justice or retribution for victims' families. However, others believe the practice should be abolished as it is economically inefficient, prone to racial bias, and risks executing innocent individuals who cannot be exonerated after the fact. Studies have also failed to find clear evidence that capital punishment deters crime more effectively than other sentencing options such as life in prison.
How To Write A Good Hook For An English Essay - How ToKayla Smith
The document provides instructions for creating an account and submitting assignment requests to the writing service HelpWriting.net. It describes a 5-step process: 1) Create an account with an email and password. 2) Complete an order form with instructions, sources, and deadline. 3) Review bids from writers and choose one. 4) Review the completed paper and authorize payment. 5) Request revisions until satisfied with the work. The service promises original, high-quality content and refunds for plagiarized work.
The document provides instructions for using an essay writing service. It outlines a 5-step process: 1) Create an account, 2) Complete an order form providing instructions and deadline, 3) Review bids from writers and select one, 4) Review the paper and authorize payment, 5) Request revisions to ensure satisfaction. It emphasizes the service's commitment to original, high-quality work and full refunds for plagiarized content.
Best Tips For Writing A Good Research PaperKayla Smith
The document provides instructions for writing a research paper using the website HelpWriting.net. It outlines a 5-step process: 1) Create an account with a password and email; 2) Complete a 10-minute order form providing instructions, sources, and deadline; 3) Review bids from writers and select one to complete the assignment; 4) Review the completed paper and authorize payment if satisfied; 5) Request revisions until fully satisfied, with the option of a full refund for plagiarized work. The process aims to match students with qualified writers to help complete research papers.
Scholarship Essay Compare And Contrast Essay OutlineKayla Smith
The document outlines the steps to request an assignment writing service from HelpWriting.net:
1. Create an account with a password and email.
2. Complete a 10-minute order form providing instructions, sources, and deadline. Attach sample work to imitate writing style.
3. Review bids from writers for the request, choose one based on qualifications and feedback, then pay a deposit to start.
4. Review the completed paper and authorize full payment if pleased, or request revisions using the free revision policy.
MBA Essay Writing Service - Get The Best HelpKayla Smith
The document provides information about MBA essay writing services from HelpWriting.net. It outlines a 5-step process for students to get help on their MBA essays: 1) Create an account, 2) Complete an order form with instructions and deadline, 3) Review bids from writers and choose one, 4) Receive the paper and authorize payment, 5) Request revisions if needed. The service aims to provide original, high-quality content and offers refunds for plagiarized work.
The document provides instructions for requesting writing assistance from HelpWriting.net in 7 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if satisfied. 5) Request revisions to ensure satisfaction. HelpWriting.net guarantees original, high-quality work and refunds for plagiarized content.
27 Outstanding College Essay Examples CollegeKayla Smith
The Elaboration Likelihood Model proposes that persuasion can occur via central or peripheral routes, with the central route involving careful consideration of arguments and the peripheral route relying on simple cues, and Cacioppo's theory further specifies that the central route is used when people are motivated and able to process arguments logically while the peripheral route is used when they lack motivation or ability.
How To Start An Essay With A Quote Basic TipsSampleKayla Smith
This document provides instructions for how to request an assignment be written by writers on the HelpWriting.net website. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete an order form with instructions, sources, and deadline. 3) Review bids from writers and choose one. 4) Review the completed paper and authorize payment. 5) Request revisions until satisfied with the work. It promises original, high-quality content or a full refund.
How To Format Essays Ocean County College NJKayla Smith
The personal narrative is from the perspective of Princess Lucy Willows who dreams of exploring nature despite her mother's objections. She devises a plan to sneak out of the castle at night with supplies in her backpack. After climbing out of her bedroom window, she runs into the forest and sets up her tent. However, while eating soup by the campfire, she hears a strange growling sound that causes her to worry that her mother was right to be concerned about the dangers that could be found in nature.
Essay Writing - A StudentS Guide (Ideal For Yr 12 AndKayla Smith
This document provides guidance on securing a network server that is used for data storage, application sharing, and connecting desktop computers. It recommends implementing access controls for different user groups, encrypting data for security, and using virus checks, firewalls, and encryption protocols. The document also generates an encrypted message using a Vigenere cipher and lists goals to reduce security problems and deficiencies.
This document discusses the experience of being a sophomore in high school. It notes that sophomores are considered the lowest class and get treated as such, with worse seating and parking. However, the document also states that high school is meant to be a fun time. It provides an example of the positive school spirit at football games in the author's small town, where the community comes together at games to support the team.
Winter Snowflake Writing Paper By Coffee For The KidKayla Smith
The document discusses several key similarities and differences between the Inca and Mayan civilizations. Both empires had control over large territories at their height but collapsed, with the Mayans existing earlier than the Incas. The Mayans had several spoken languages and developed writing and hieroglyphics, while the Incas only had one spoken language with no written form. The Mayans were also more intellectually advanced and engaged in more brutal practices than the relatively peaceful Incas. While the civilizations declined, they both made important contributions to fields like mathematics and architecture.
Example Of Case Study Research Paper - 12+ CasKayla Smith
This document provides instructions for requesting and completing an assignment writing request through the HelpWriting.net platform. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if pleased. 5) Request revisions to ensure satisfaction, with a full refund option for plagiarized work. The process aims to fully meet customer needs through high-quality, original content.
This document provides instructions for writing a term paper through an online service. It outlines a 5-step process: 1) Create an account; 2) Submit a request with instructions and sources; 3) Review writer bids and select one; 4) Review the paper and authorize payment; 5) Request revisions to ensure satisfaction and receive a refund if plagiarized.
Essay Computers For And Against TelegraphKayla Smith
This summary discusses the unnecessary practice of infant circumcision in the United States. The passage describes a scenario where a newborn baby is restrained and prepared for circumcision, highlighting the inhumane nature of the procedure. It notes that circumcision is rarely medically necessary and violates medical ethics principles. While common in the US, most of the world's men are left intact. The author argues circumcision should not be performed on infants who cannot consent.
A conceptual framework for international human resource management research i...Kayla Smith
This paper proposes a conceptual framework for analyzing the transfer of human resource management (HRM) practices from advanced economies to less developed economies. The framework is based on institutional theory and identifies three key dimensions to consider:
1) Regulatory/coercive factors related to differences in rules and regulations between home and host countries.
2) Cognitive/mimetic factors regarding differences in social norms and values between economies.
3) Normative factors stemming from differences in professionalization and education systems.
The framework aims to help multinational enterprises evaluate how institutional differences between advanced and less developed economies may create opportunities or constraints when transferring HRM practices internationally.
Associating to Create Unique Tourist Experiences of Small Wineries in Contine...Kayla Smith
This document discusses opportunities for small wineries in Croatia to create unique tourist experiences through association. It conducted interviews and a survey of winery owners in Virovitica-Podravina County. The findings show that while owners see potential, they are unfamiliar with concepts like scattered hotels and experience economies. They also face obstacles to association that limit their tourism offerings. The document argues that small wineries should form micro-clusters through activities like themed routes and accommodation to better compete in tourism and make use of their cultural and agricultural resources.
This document provides an overview of various academic reference management software options. It describes the two main categories of reference managers as desktop-based tools and cloud-based tools. Some key desktop-based options mentioned include Bookends, Sente, and Papers, which are proprietary Mac applications. Mendeley and Zotero are described as major cloud-based options that began as browser-only software but now have desktop and mobile apps. ReadCube, Citavi, and Docear are also briefly outlined. The document provides details on how these different options approach collecting references, organizing and annotating them, and integrating with word processing. It concludes by advising readers to consider their needs and preferences before choosing a reference manager to try.
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
Librarians are leading the way in creating future-ready citizens – now we need to update our spaces to match. In this session, attendees will get inspiration for transforming their library spaces. You’ll learn how to survey students and patrons, create a focus group, and use design thinking to brainstorm ideas for your space. We’ll discuss budget friendly ways to change your space as well as how to find funding. No matter where you’re at, you’ll find ideas for reimagining your space in this session.
How To Write A Good Hook For An English Essay - How ToKayla Smith
The document provides instructions for creating an account and submitting assignment requests to the writing service HelpWriting.net. It describes a 5-step process: 1) Create an account with an email and password. 2) Complete an order form with instructions, sources, and deadline. 3) Review bids from writers and choose one. 4) Review the completed paper and authorize payment. 5) Request revisions until satisfied with the work. The service promises original, high-quality content and refunds for plagiarized work.
The document provides instructions for using an essay writing service. It outlines a 5-step process: 1) Create an account, 2) Complete an order form providing instructions and deadline, 3) Review bids from writers and select one, 4) Review the paper and authorize payment, 5) Request revisions to ensure satisfaction. It emphasizes the service's commitment to original, high-quality work and full refunds for plagiarized content.
Best Tips For Writing A Good Research PaperKayla Smith
The document provides instructions for writing a research paper using the website HelpWriting.net. It outlines a 5-step process: 1) Create an account with a password and email; 2) Complete a 10-minute order form providing instructions, sources, and deadline; 3) Review bids from writers and select one to complete the assignment; 4) Review the completed paper and authorize payment if satisfied; 5) Request revisions until fully satisfied, with the option of a full refund for plagiarized work. The process aims to match students with qualified writers to help complete research papers.
Scholarship Essay Compare And Contrast Essay OutlineKayla Smith
The document outlines the steps to request an assignment writing service from HelpWriting.net:
1. Create an account with a password and email.
2. Complete a 10-minute order form providing instructions, sources, and deadline. Attach sample work to imitate writing style.
3. Review bids from writers for the request, choose one based on qualifications and feedback, then pay a deposit to start.
4. Review the completed paper and authorize full payment if pleased, or request revisions using the free revision policy.
MBA Essay Writing Service - Get The Best HelpKayla Smith
The document provides information about MBA essay writing services from HelpWriting.net. It outlines a 5-step process for students to get help on their MBA essays: 1) Create an account, 2) Complete an order form with instructions and deadline, 3) Review bids from writers and choose one, 4) Receive the paper and authorize payment, 5) Request revisions if needed. The service aims to provide original, high-quality content and offers refunds for plagiarized work.
The document provides instructions for requesting writing assistance from HelpWriting.net in 7 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if satisfied. 5) Request revisions to ensure satisfaction. HelpWriting.net guarantees original, high-quality work and refunds for plagiarized content.
27 Outstanding College Essay Examples CollegeKayla Smith
The Elaboration Likelihood Model proposes that persuasion can occur via central or peripheral routes, with the central route involving careful consideration of arguments and the peripheral route relying on simple cues, and Cacioppo's theory further specifies that the central route is used when people are motivated and able to process arguments logically while the peripheral route is used when they lack motivation or ability.
How To Start An Essay With A Quote Basic TipsSampleKayla Smith
This document provides instructions for how to request an assignment be written by writers on the HelpWriting.net website. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete an order form with instructions, sources, and deadline. 3) Review bids from writers and choose one. 4) Review the completed paper and authorize payment. 5) Request revisions until satisfied with the work. It promises original, high-quality content or a full refund.
How To Format Essays Ocean County College NJKayla Smith
The personal narrative is from the perspective of Princess Lucy Willows who dreams of exploring nature despite her mother's objections. She devises a plan to sneak out of the castle at night with supplies in her backpack. After climbing out of her bedroom window, she runs into the forest and sets up her tent. However, while eating soup by the campfire, she hears a strange growling sound that causes her to worry that her mother was right to be concerned about the dangers that could be found in nature.
Essay Writing - A StudentS Guide (Ideal For Yr 12 AndKayla Smith
This document provides guidance on securing a network server that is used for data storage, application sharing, and connecting desktop computers. It recommends implementing access controls for different user groups, encrypting data for security, and using virus checks, firewalls, and encryption protocols. The document also generates an encrypted message using a Vigenere cipher and lists goals to reduce security problems and deficiencies.
This document discusses the experience of being a sophomore in high school. It notes that sophomores are considered the lowest class and get treated as such, with worse seating and parking. However, the document also states that high school is meant to be a fun time. It provides an example of the positive school spirit at football games in the author's small town, where the community comes together at games to support the team.
Winter Snowflake Writing Paper By Coffee For The KidKayla Smith
The document discusses several key similarities and differences between the Inca and Mayan civilizations. Both empires had control over large territories at their height but collapsed, with the Mayans existing earlier than the Incas. The Mayans had several spoken languages and developed writing and hieroglyphics, while the Incas only had one spoken language with no written form. The Mayans were also more intellectually advanced and engaged in more brutal practices than the relatively peaceful Incas. While the civilizations declined, they both made important contributions to fields like mathematics and architecture.
Example Of Case Study Research Paper - 12+ CasKayla Smith
This document provides instructions for requesting and completing an assignment writing request through the HelpWriting.net platform. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if pleased. 5) Request revisions to ensure satisfaction, with a full refund option for plagiarized work. The process aims to fully meet customer needs through high-quality, original content.
This document provides instructions for writing a term paper through an online service. It outlines a 5-step process: 1) Create an account; 2) Submit a request with instructions and sources; 3) Review writer bids and select one; 4) Review the paper and authorize payment; 5) Request revisions to ensure satisfaction and receive a refund if plagiarized.
Essay Computers For And Against TelegraphKayla Smith
This summary discusses the unnecessary practice of infant circumcision in the United States. The passage describes a scenario where a newborn baby is restrained and prepared for circumcision, highlighting the inhumane nature of the procedure. It notes that circumcision is rarely medically necessary and violates medical ethics principles. While common in the US, most of the world's men are left intact. The author argues circumcision should not be performed on infants who cannot consent.
A conceptual framework for international human resource management research i...Kayla Smith
This paper proposes a conceptual framework for analyzing the transfer of human resource management (HRM) practices from advanced economies to less developed economies. The framework is based on institutional theory and identifies three key dimensions to consider:
1) Regulatory/coercive factors related to differences in rules and regulations between home and host countries.
2) Cognitive/mimetic factors regarding differences in social norms and values between economies.
3) Normative factors stemming from differences in professionalization and education systems.
The framework aims to help multinational enterprises evaluate how institutional differences between advanced and less developed economies may create opportunities or constraints when transferring HRM practices internationally.
Associating to Create Unique Tourist Experiences of Small Wineries in Contine...Kayla Smith
This document discusses opportunities for small wineries in Croatia to create unique tourist experiences through association. It conducted interviews and a survey of winery owners in Virovitica-Podravina County. The findings show that while owners see potential, they are unfamiliar with concepts like scattered hotels and experience economies. They also face obstacles to association that limit their tourism offerings. The document argues that small wineries should form micro-clusters through activities like themed routes and accommodation to better compete in tourism and make use of their cultural and agricultural resources.
This document provides an overview of various academic reference management software options. It describes the two main categories of reference managers as desktop-based tools and cloud-based tools. Some key desktop-based options mentioned include Bookends, Sente, and Papers, which are proprietary Mac applications. Mendeley and Zotero are described as major cloud-based options that began as browser-only software but now have desktop and mobile apps. ReadCube, Citavi, and Docear are also briefly outlined. The document provides details on how these different options approach collecting references, organizing and annotating them, and integrating with word processing. It concludes by advising readers to consider their needs and preferences before choosing a reference manager to try.
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
Librarians are leading the way in creating future-ready citizens – now we need to update our spaces to match. In this session, attendees will get inspiration for transforming their library spaces. You’ll learn how to survey students and patrons, create a focus group, and use design thinking to brainstorm ideas for your space. We’ll discuss budget friendly ways to change your space as well as how to find funding. No matter where you’re at, you’ll find ideas for reimagining your space in this session.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Arguments for and against a reform of the law of murder.pdf
1. M32100 CRIMINAL LAW Student ID Number: 2121163 /ERASMUS Student
1 What are the arguments for and against a reform of the law of murder?
I. Introduction
There is no statutory definition of murder. The definition of murder is not the result of
legislation but the result of jurisdiction made in cases over hundred years . Most often cited
1
is the definition of Coke :
2
“Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth
within any country of the realm any reasonable creature in rerum natura under the king’s
peace, with malice aforethought, either expressed by the party or implied by the law, so as
the party wounded, or hurt, etc. die of that wound or hurt, etc. within a year and a day
after the same”. The modern definition of murder is “unlawful killing of another person
under the Queen’s peace, with malice aforethought” . This definition of murder
3
encompasses killings that have been committed through an intention to kill or to do
grievous bodily harm. But even if the defendant had no premeditation to jeopardize life
respectively did not take account of the possibility of the victim’s death caused by his act,
the act is still comprised by the above definition of murder. However, this circumstance
seems to be inequitable and the definition of murder too wide. Considering, that killings
where the defendant had no intention to kill or cause injury but detected a serious risk due
to his conduct, are not included, the definition seems also be too narrow. With respect to
the circumstances depicted above and the fact that the Law Commission has suggested a
reform of the definition of murder: Do we need a new reform of the law of murder? The
current law on homicide has a plain structure. There is on the one hand murder that attracts
a mandatory life sentence and on the other hand manslaughter that attracts a discretionary
sentence .
4
At the beginning, I would like to depict the current law of homicide and what critics
Law Commission, A New Homicide Act for England and Wales? A Consultation Paper (Law Com No 177, 2006).
1
Coke E, `Institutes’ 3 Co Inst 47; Ormerod D, Laird K, Smith and Hogan’s Text, Cases and Materials on Criminal
2
Law (14th edn, Oxford University Press 2014), Ch14.
Jefferson M, Criminal Law (12th edn, Pearson Education Limited 2015), p457.
3
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p124.
4
1
2. complain about it. Afterwards I would like to discuss options for reform and finally I would
like to work out arguments for and against a reform of the current definition of murder.
II. The current law of homicide
The current law of homicide subdivides homicide offences in murder and manslaughter . For
5
the actus reus of murder the defendant must unlawfully kill another person under the
Queen’s peace . It is not relevant what type of conduct causes the death. Sufficient is rather
6
any conduct that causes death . The mens rea of murder is satisfied when the defendant
7
kills with ‘malice aforethought’ . ‘Malice aforethought’ means that the defendant must have
8
the intention to cause death or grievous bodily harm . The killing must be predetermined
9
and there mustn’t be justification or excuse . Murder attracts a mandatory life sentence :
10 11
Every person who is convicted of murder faces automatically the life imprisonment .
12
Manslaughter has a wider spectrum of conduct and covers “all unlawful killings that fall
short of murder” . Manslaughter means to kill without having deliberation, premeditation
13
and malice . The law distinguishes between voluntary manslaughter and involuntary
14
manslaughter .
15
Whereas murder is considered as the most serious crime and must be passed by a
mandatory life sentence, manslaughter covers all unlawful killings except of murder and
there is a discretion regarding the sentence .
16
III. Complaints about the current law
As already broached, there are several complaints about the current definition of murder.
The actus reus of murder is not subject of controversy. It is self-evident that you can only
be regarded as murder when you have killed another human being. But controversially
discussed is the mens rea of murder. The fact that an intention to kill satisfies the mens rea
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p 161.
5
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p147.
6
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p147.
7
Ormerod D, Laird K, Smith and Hogan’s Text, Cases and Materials on Criminal Law (14th edn, Oxford University
8
Press 2014), p567.
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p115.
9
Titus Reid S, Criminal Law (9th edn, Oxford University Press 2012), p140.
10
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p145.
11
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p115.
12
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p161.
13
Simester AP, Spencer JR, Sullivan GR, Virgo GJ, Simester and Sullivan’s Criminal Law: Theory and Doctrine (5th
14
edn, Hart Publishing Ltd 2013), p391.
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p161
15
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p 161.
16
2
3. of murder is not remarkable. Remarkable is the fact that an intention to cause grievous
bodily harm is sufficient to be convicted of murder. That means that a defendant can be
convicted of murder although he didn’t even have the intention to cause death. This
circumstance can lead to injustices.
Professor John Spencer claims that the basic offence is too wide while the defences are too
narrow . The fact that the sentence is a mandatory life sentence would increase the
17
injustice . I would like to depict the several complaints made by the critics:
18
1. Definition of murder is too wide
One objection about the current definition of murder is that the definition is too wide. The
critics claim that the current definition of murder encompasses those offenders who should
not receive the label of murder and should not face a mandatory life sentence .
19
Even if the offender had no intention to endanger life and didn't take into account that his
misconduct could result in the victim’s death, his killing would be captured by the current
definition of murder.
The conviction for murder does not only engender many years of prison. But even if the
offender has served his sentence he carries the stigma of murder for the rest of his life.
Reckless drivers who know that their driving had been careless would automatically become
murderers if their driving leads to death .
20
In Woolin a defendant, who killed his baby by throwing it on to a hard surface and didn’t
have the intention to kill, was convicted of murder by the trial judge due to the assumption
that he must have been aware of the substantial risk caused by his serious injury . The
21
defendant appealed against the conviction and claimed that the judges interpretation of
murder is too wide, which was rejected by the Court of Appeal. The House of Lords,
however, allowed the appeal and referred to virtual certainty set out by the Nedrick
Guidance and made clear that the jury must find whether the defendant has foreseen a
virtual certainty respectively whether the defendant had an oblique intention .
22
Spencer J, ‘Messing up Murder’ (2008) Archbold News 5, p5.
17
Spencer J, ‘Messing up Murder’ (2008) Archbold News 5, p5.
18
Molan M, Cases and Materials on Criminal Law (4th edn, Routledge-Cavendish 2008), p177.
19
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p21.
20
Woollin [1999] 1 AC 82; Law Commission, A New Homicide Act for England and Wales? A Consultation Paper
21
(Law Com No 177, 2006).
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press 2015), p99.
22
3
4. 2. Definition of murder is too narrow
Another complaint about the current definition of murder is that the definition is too narrow.
The current definition of murder would exclude misconducts where the offender didn’t have
the intention to kill or to cause serious injury. His misconduct is only regarded as
manslaughter but should be regarded as murder.
For example a terrorist, who plants a bomb and seeks for public attention but doesn’t want
to kill anyone and who instead warns the police, wouldn’t be regarded as murder under the
current definition, if someone dies by an accidental detonation .
23
Many people’s gut say that this terrorist should be regarded murder. Professor Antje Pedain
claims that those terrorists could have the required intention for murder if you take heed of
the fact that they have engendered a risk of death and have shown an apathy for the life of
other human beings . However, the current definition of murder wouldn’t encompass these
24
terrorists.
3. Law on manslaughter is too wide
The complaint about the law on manslaughter is that it encompasses a very wide spectrum
of killings . Due to that wide range manslaughter is alleged to have lost its function as a
25
label . The fact that some of the defendants who were convicted of manslaughter face a life
26
sentence whilst other defendants only face a probation would underpin the circumstance of
encompassment of a wide range of killings .
27
IV. Law Commission’s Reform proposal
The Law Commission was directed to recommend a reform that aimed at clarification of
several elements of the law of murder . In 2006 the Law Commission published a final
28
report of recommendation of a new structure for the law of murder . The Law Commission
29
proposes that murder and manslaughter should be substituted by first degree murder as the
top tier, second degree murder as the middle tier and manslaughter as the lowest tier .
30
Ormerod D, Laird K, Smith and Hogan’s Text, Cases and Materials on Criminal Law (14th edn, Oxford University
23
Press 2014), p542.
Pedain A, ‘Intention and the Terrorist Example’ (2003) Crim LR 579.
24
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p122.
25
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p122.
26
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p122.
27
Fitz-Gibbon K, The Palgrave Macmillan Homicide Law Reform, Gender and the Provocation Defence (Macmillan
28
Publishers Limited 2014), p124.
Law Commission, Murder, Manslaughter and Infanticide (Law Com No 304, 2006).
29
Law Commission, Murder, Manslaughter and Infanticide (Law Com No 304, 2006), p19.
30
4
5. 1. First Degree Murder
If a person intends to kill or intends to cause serious injury and is aware of the risk of
causing death by the conduct, his act is qualified as First degree murder . The judge must
31
pass a mandatory life sentence .
32
2. Second Degree Murder
Second degree murder is a murder where the defendant killed with an intention to cause
serious injury or had the intention to cause some injury, fear or risk of injury and has been
aware of serious risk of death . The second situation in which second degree murder can be
33
committed is a killing with an intention to cause injury, fear or a risk of injury and where the
offender was aware of the serious risk of death by his conduct . Second degree murder can
34
also be committed by a killing with an intention to kill or to cause serious injury and where
the offender had the awareness of the risk of death but can plead loss of control or
diminished responsibility . Second degree murder carries a discretionary life maximum
35
sentence .
36
3. Third tier: Manslaughter
To the law of manslaughter the Law Commission didn’t make any major changes :
37
When the defendant killed gross negligently or the act was itself criminal and the defendant
intended to cause injury or was aware of the serious injury of a criminal act, he will be
sentenced to manslaughter. Manslaughter also carries a discretionary life maximum
sentence .
38
V. Arguments for and against a change
I would like to depict the arguments for and against a change of the law of murder:
On the one hand the argument in favour of the current law of murder is the message that it
is sending out: The law is willing to see people convicted if they are part of violence that
ends in somebody’s death. In that respect draconian penalties seems to be a necessity.
Offenders who commit a crime that ends up in the death of a person should bear the
Horder J, Homicide and the Politics of Law Reform (Oxford University Press 2012), p96.
31
Elliott C, Quinn F, Criminal Law (9th edn, Dorset Press 2012), p73.
32
Elliott C, Quinn F, Criminal Law (9th edn, Dorset Press 2012), p73.
33
Loveless J, Criminal Law Text, Cases and Materials (4th edn, Oxford University Press 2014), p257.
34
Loveless J, Criminal Law Text, Cases and Materials (4th edn, Oxford University Press 2014), p257.
35
Reed A, Fitzpatrick B, Seago P, Criminal Law (4th edn, Sweet&Maxwell 2009), p341.
36
Wilson W, Criminal Law (5th edn, Pearson Educated Limited 2014), p394.
37
Reed A, Fitzpatrick B, Seago P, Criminal Law (4th edn, Sweet&Maxwell 2009), p73.
38
5
6. consequences.
A disregard for other people’s life shown by the misconduct brings the offender in a position
where he might deserve the label of murder .
39
Assuming that every serious injury entails a risk of death, it is impossible to stab another
person without taking the risk of killing him . Any serious harm caused with intention has a
40
nature that the offender made the possibility of death as an consequence of his act
forseeable . By a distinction between first and second degree murder you would lose the
41
opportunity to answer with draconian law if the defendant wasn’t aware that his misconduct
could lead into death. A long-established belief is that every person who takes someone’s
life must face a life sentence . However, Professor Mitchell and Professor Roberts found out
42
in their researches that there is not a vast majority of the public that is supporting an
automatic sentence of all convicted murders to life imprisonment, as originally assumed .
43
The public might also have difficulties with the understanding of the current system .
44
Furthermore it is necessary to ensure that the law of murder is not too complex . The legal
45
structure must be clear so that even non-lawyers have a chance to understand it.
It is impossible to look inside the defendant’s mind and to see whether he was aware of the
risk of causing death. Instead a court or a jury is in charge to sight the evidences and to
decide about the defendant’s foresight . Questions of fact, unlike questions of law, are
46
decided by the jury in the law of the United Kingdom . The juries must be able to
47
understand and apply the law and a fine-grained law of murder could lead to problems,
especially when the jury is faced with several offenders . If the law is not clear enough or
48
the distinctions between the offences too fine-grained, it bears the risk that the prosecution
accepts a guilty confession to a lesser offence albeit the evidence shows the guilt of a more
Horder J, Homicide and the Politics of Law Reform (Oxford University Press 2012), p97.
39
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p126.
40
Horder J, Homicide and the Politics of Law Reform (Oxford University Press 2012), p97.
41
BBC, ‘Lord Chief Justice urges free vote on murder reform’ (BBC News, 6 December 2011) <http://
42
www.bbc.co.uk/news/uk-16048082>, date accessed 11/01/2016.
Mitchell B, Roberts J, Public Opinion and Sentencing for Murder (2010): empirical work finding majority public
43
support for removing the mandatory sentence, p6.
Mitchell B, Roberts J, Public Opinion and Sentencing for Murder (2010): empirical work finding majority public
44
support for removing the mandatory sentence, p6.
Simon J, How should we punish murder, 94 MARQ. L. REV. 1241 (2011), p1294; Law Commission, Murder,
45
manslaughter and infanticide (Law Com No 304, 2006), p23.
Mitchell B, Roberts J, Public Opinion and Sentencing for Murder (2010): empirical work finding majority public
46
support for removing the mandatory sentence, p26.
Ashworth, A, Redmayne, M, The Criminal Process (4th edn, Oxford University Press 2010), p339.
47
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p23.
48
6
7. serious crime .
49
On the other hand the distinction between first and second degree murder is not a new
idea. On the contrary, in the law of the United States there already exists such a distinction
between first and second degree murder, albeit used in a different way than recommended
in the Law Commission’s proposal . Criminal trials in the United States are also dominated
50
by a jury system and the juries do not struggle with a complexity of the law of murder.
None of the people who are involved in trial ever complaint about the complexity of a three-
tier structure .
51
An argument in favour of the current definition of murder is the deterrent effect that the
punishment for grievous bodily harm resulting in death has: If people know that causing
harm to another person could lead to a conviction for murder in the worst case, then they
are deterred and think twice whether it is worth to cause serious injury. As the society
regards a deterrent effect of punishment for grievous bodily harm resulting in death as
positive, it would also serve a criminal purpose.
What also speaks against a change of the current definition of murder is the fact that a
change would make it easy for murderer to evade a conviction for murder: As it is
impossible to look inside the defendant’s mind it is exceedingly difficult to prove that the
defendant had an intention to kill. In that situation the defendant could simply deny that he
had an intention to kill in order to evade a conviction for murder. For the court it would be
very difficult to prove the opposite. Under the current definition of murder you could still
convict the defendant for murder, if he denies that he had an intention to kill, by proving
that he had an intention to cause grievous bodily harm.
An argument against the current definition of murder is the fact that the definition of
grievous bodily harm is not precise enough, especially not precise enough to legitimize a
conviction for murder. It is important that the defendant knows what degree of harm is
required if the intention to cause grievous bodily harm satisfies the mens rea of murder.
But the other way around, it may be argued that the definition of grievous bodily harm
didn’t give rise to any problems in the past and therefore does not need to be changed on
Simon J, How should we punish murder, 94 MARQ. L. REV. 1241 (2011), p1294.
49
Clark D, Tuğrul A, Introduction to the Law of the United States (2nd edn, Kluwer Law International 2002), p153.
50
Simon J, How should we punish murder, 94 MARQ. L. REV. 1241 (2011), p1294 - 1295.
51
7
8. this account.
Problematic is that a defendant could be convicted of murder even if he did not recognise
the risk of death and didn’t have the idea that his act might cause death . It is arguable
52
why a person, who merely had the intention to cause harm, should carry the stigma of
murder and face the mandatory life sentence, because the harm results in death.
In that respect the mandatory life sentence wouldn't be necessary, not even in respect of
deterrence. The defendant would carry the label of murder for the rest of his life, which is
inappropriate in relation to his intention respectively guilt. It would have negative impacts
on his personal life, his family and potentially his career. The defendant wouldn’t find the
way back into a normal life. He would lose the chance of rehabilitation: With a label of
murder it is almost impossible to get reintegrated into society. For an offender, who merely
had the intention to cause injury and who’s likelihood of rehabilitation would be decent, this
is close to a disaster.
Someone who reasonably believed that his misconduct wouldn’t lead to the death of
another person respectively that the injury he caused wasn’t serious, would be equated to
an offender who committed serial murders .
53
The society distinguishes both cases and draws a line between both offenders. However, the
law of murder, at present, treat both offenders equal regarding the sentence. Both offenders
would face the life sentence. In terms of culpability there is a large gap between an
intention to kill and an intention to cause serious injury. Implementing a three-tier structure
could bridge this gap . The fact that cases where the defendant causes serious bodily harm
54
and the defendant intends to kill are not distinguished can lead to injustice.
The current law of murder has a huge problem regarding the mandatory life sentence:
Judges don’t have a discretion if the offender has been convicted of murder. The offender
automatically faces the life sentence. Instead of facing a lower sentence that corresponds to
the intention he had, the defendant faces a mandatory life sentence.
Judges can’t give a lesser sentence if there are circumstances that mitigate the crime. A
reform of the law of murder in the direction of a three-tier structure could open the judges
Horder J, Homicide and the Politics of Law Reform (Oxford University Press 2012), p97.
52
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p4.
53
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p32.
54
8
9. the possibility of a discretionary power.
Second degree murder as a middle tier would attract, unlike first degree murder, a
discretionary sentence and would give the judges the opportunity to give a lesser sentence
if the defendant wasn’t aware that his conduct could lead to the death of another person.
Another argument against the current law of murder is the fact that every person who
intentionally causes harm couldn’t be convicted for murder unless you prove that he was
aware that his misconduct could end in death. You could only convict the defendant for
manslaughter.55
Furthermore, the argument in favour of a reform is providing the law of homicide with a
greater order, clarity and fairness and increasing the intelligibility and clearity in terms of
differences between the individual offences . With a two-tier law of murder it seems to be
56
impossible to achieve this goal. A further tier could give rise to greater order, clarity and
fairness . In fact, it would be impossible to draw the line between murder and
57
manslaughter if you do not establish a further tier . A three-tier law of murder could
58
contribute to a law of murder that the public would understand .
59
Furthermore, some of the rules of murder has become rickety and hasn’t been changed for
many hundred years and therefore need a reform and other rules have been changed so
often that they aren’t clear respectively certain anymore .
60
The above arguments show, that the current definition of murder gives rise to several
problems. Some of the problems, as for instance the automatic life sentence for every killer,
are so grave that a change is urgently necessary.
Nonetheless there are solid arguments for the current definition of murder to stay as it is:
The law is answering with draconian penalties if someone is committed in a crime that leads
to another person’s death. Simultaneously potential offenders could be deterred. Murderers
don’t have the chance to evade a conviction for murder by claiming that they didn’t have
the intention to kill. However, the risk that the law of murder could become too complex, is
not an argument for leaving the current definition of murder as it is.
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p40.
55
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p19.
56
Molan M, Cases and Materials on Criminal Law (4th edn, Routledge-Cavendish 2008), p180; Law Commission,
57
Murder, manslaughter and infanticide (Law Com No 304, 2006), p40.
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p21.
58
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p24.
59
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006), p3.
60
9
10. The problems caused by the current definition of murder outnumber the arguments for the
current definition.
Especially, the fact that someone, who merely had the intention to cause grievous bodily
harm carries the label of murder for the rest of his life, shows how unjust results the current
definition of murder can cause.
The injustice becomes also apparent, when an offender who killed due to his carelessness
faces the same life sentence as a serial killer. Only the most serious killings should attract a
mandatory life sentence. For less serious killings there should be a discretionary life
sentence .
61
VI. Conclusion
In conclusion, the arguments for The Law Commission’s proposals outweigh the
counterarguments. The law of murder should have greater flexibility, order and clarity. This
goal cannot be achieved by the current two-tier law of murder. As depicted, the two-tier
structure leads to a definition of murder that is on the one hand too wide and on the other
hand too narrow. A reform of the current definition of murder would provide more flexibility,
order and clarity. It would make sure that there is an adequate relation between the
conviction and the misconduct.
The separation of first and second degree murder allows the narrowing of first degree
murder and thus of the mandatory life sentence. First degree murder would only capture
killings where there is an intention to kill. Offenders who just intend to cause serious harm
would be second degree murder and would face only a discretionary sentence .
62
The mandatory life sentence shouldn’t be faced by offenders who only have the intention to
cause grievous bodily harm. It wouldn’t be adequate if those offenders carry the stigma of
murder for the rest of their life. Instead murder respectively first degree murder should be
constrained to killings where the offender has an intention to kill or at least the awareness
of the risk of causing death. Where the offender is only careless he should face a
discretionary life sentence. By the distinction between first degree murder and second
degree murder the Law Commission differentiates those cases where the offender had an
intention to kill or cause serious injury from those cases where the offender was careless.
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015), p124.
61
Rogers J,’The Law Commission’s Proposed Restructuring of Homicide’ (2006) 70 J Crim L 223.
62
10
11. However, the current law of murder just distinguishes between murder and manslaughter,
which is not sufficient. Judges should have a discretion in terms of sentence with a murder
conviction. A killing shouldn’t attract a mandatory life sentence at any price. Instead judges
should be in a position where they can give a lesser sentence if there are circumstances
that mitigate the crime, for instance killings where the defendant merely had the intention
to do serious injury and didn’t have the awareness of a risk of causing death. A reform of
the law of murder would bring an end to an automatic life sentence for every killer. The
government should implement these proposals made by the Law Commission. Unfortunately
at the current time it appears unlikely that the government implements these proposals.
11
12. Bibliography
Ashworth A, Horder, J, Principles of Criminal law (7th edn, Oxford University Press 2013)
Ashworth A, Redmayne M, The Criminal Process (4th edn, Oxford University Press 2010)
BBC, ‘Lord Chief Justice urges free vote on murder reform’ (BBC News, 6 December 2011)
<http://www.bbc.co.uk/news/uk-16048082>, date accessed 11/01/2016
Child J, Ormerod D, Smith and Hogan’s Essentials of Criminal Law (Oxford University Press
2015)
Coke E, ´Institutes’ 3 Co Inst 47
Clark D, Tuğrul A, Introduction to the Law of the United States (2nd edn, Kluwer Law
International 2002)
Elliott C, Quinn F, Criminal Law (9th edn, Dorset Press 2012)
Fitz-Gibbon K, The Palgrave Macmillan Homicide Law Reform, Gender and the Provocation
Defence (Macmillan Publishers Limited 2014)
Herring J, Great debates in criminal law (3rd edn, Palsgrave Macmillan 2015)
Horder J, Homicide and the Politics of Law Reform (Oxford University Press 2012)
Jefferson M, Criminal Law (12th edn, Pearson Education Limited 2015)
Law Commission, A New Homicide Act for England and Wales? A Consultation Paper (Law
Com No 177, 2006)
Law Commission, Murder, manslaughter and infanticide (Law Com No 304, 2006)
Loveless J, Criminal Law Text, Cases and Materials (4th edn, Oxford University Press 2014)
Molan M, Cases and Materials on Criminal Law (4th edn, Routledge-Cavendish 2008)
Mitchell B, Roberts J, Public Opinion and Sentencing for Murder (2010): empirical work
finding majority public support for removing the mandatory sentence
12
13. Ormerod D, Laird K, Smith and Hogan’s Text, Cases and Materials on Criminal Law (14th
edn, Oxford University Press 2014)
Pedain A, ‘Intention and the Terrorist Example’ (2003) Crim LR 579
Reed A, Fitzpatrick B, Seago P, Criminal Law (4th edn, Sweet&Maxwell 2009)
Rogers J,’The Law Commission’s Proposed Restructuring of Homicide’ (2006) 70 J Crim L
223
Simester AP, Spencer JR, Sullivan GR, Virgo GJ, Simester and Sullivan’s Criminal Law:
Theory and Doctrine (5th edn, Hart Publishing Ltd 2013)
Simon J, How should we punish murder, 94 MARQ. L. REV. 1241 (2011)
Spencer J, ‘Messing up Murder’ (2008) Archbold News 5
Titus Reid S, Criminal Law (9th edn, Oxford University Press 2012).
Wilson W, Criminal Law (5th edn, Pearson Educated Limited 2014)
Woollin [1999] 1 AC 82
13