Homicide law in the UK - Free Essay Example

Sample details Pages: 4 Words: 1274 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? 1. The current law of homicide has been criticised widely for being archaic, complex and in need of reform. The Law Commission has reviewed the state of the law and proposed a new statutory framework which simplifies the law of homicide.[1] One of the biggest criticisms of the current common law is the wide definition ascribed to murder. Don’t waste time! Our writers will create an original "Homicide law in the UK" essay for you Create order It is defined as when someone unlawfully kills someone with the intent to kill or to do grievous bodily harm.[2] The breadth of the definition can be seen in the following example. A kicks B who falls over hitting his head on the curb resulting in death. The conduct of A under the current definition could constitute murder because the definition includes the mens rea of intention to inflict grievous bodily harm. Clearly A is guilty of a homicide offence however it is nevertheless odd to find A guilty of the top tier homicide offence in the same category as serial killers and hitmen. By included an intent to do grievous bodily harm within the scope of murder, the current law has been criticised for being skewed and distorting the sentencing process for murder.[3] Judges will often treat cases involving grievous bodily harm as including mitigating circumstances and therefore not impose mandatory sentences. This results in a skewing the murder offence into two tiers. The law is there fore unsatisfactory because of its breadth. Currently judges are being having to ameliorate this problem upon sentencing. Research into public opinion also reveals that the public believes murder is reserved for when there is an intention to kill or a total disregard for human life.[4] The current law does not reflect the general societal view and leaves the judiciary in a quandary when sentencing. Reform is therefore essential. The Law Commissions proposals remove the intention to do grievous bodily harm rule from the definition of murder and introduce a ladder of homicide offences which reflect the seriousness of the crime in the sentencing guidelines suggested. The new offences would be split between first and second degree murder. First degree murder is defined as intentional killing or killing through an intention to do serious injury with an awareness of serious risk of causing death.[5] This offence would reflect the societys view of what constitutes murder and remove the current sentencing difficulties that judges may face. The current intention to do grievous bodily harm found in murder would be captured in the new offence of second degree murder which has a discretionary sentence attached. These two offencs would help better reflect in law public opinion and alleviate any sentencing difficulties faced by judges. 2. It has been firmly established that in English law that there is no defence of necessity in cases where a doctor administers drugs causing death to save a patient from pain.[6] However, according to case law this does not mean that a doctor has to calculate the effect on a patients lifespan of administering drugs down to the day or the week.[7] The critical factor in such cases is mens rea of the doctor. Clearly, if the doctor knew that the act of administering the drugs was only to kill the patient and not to give pain relief he/she will be guilty of murder. This distinction was shown in R v. Cox[8] where the doctor administered pot assium chloride with the sole intention to end the life of a woman in severe pain. A subtle distinction revealed in that case was that if the doctor had instead administered a high dose of pain killing drugs it would be more difficult to prove the intention was to kill the patient. Therefore it appears that the law will tolerate doctors shortening the lives of patients only where this is done under the guise of treating the patient for pain relief and not where it is blatantly intended to end the life immediately. Applying this to the present circumstances it is possible that the doctor could be found guilty of murder or manslaughter depending on the intention which can be shown from the facts. In the event that the doctor did admit to intending to kill the patient there is no defence in law. 3. It is likely that Pip will be charged with murder. It is clear that he pushed Victor into the river knowing that he could not swim; but is that enough to show causation? There are two tests to determine whether a person’s actions caused death. The first test asks ‘but for’ the person’s actions would death have occurred.[9] The second test is used where there was an novus acteus interveniens. It asks whether the person was the â€Å"operating and substantial cause† of death.[10] In this case there was no intervening act therefore the ‘but for test’ will be employed and probably conclude that ‘but for’ Pips actions the death would not have occurred. However, this on its own is not enough to convict Pip of murder. It must also be shown that he possessed the mens rea to kill or cause grievous bodily harm.[11] This question will be decided by a jury on hearing further evidence. In the event that Pip can show that he did not intend to kill or cause grievous bodily harm he may be charged with involuntary manslaughter. Involuntary manslaughter is distinguishable from the offences of murder and voluntary mansl aughter because the defendant lacks the mens rea required to establish those offences. For constructive involuntary manslaughter to be proven the offence requires that: the defendant committed an unlawful act; that the unlawful act was a crime; and the unlawful act was a substantial cause of death.[12] Clearly Pip committed an unlawful act when he pushed Victor into the river. The question remains whether Amys omission to help Victor as he drowned in the river constitutes an offence. By and of itself, Amys failure to help or summon assistance is not an offence because there is no general duty of care between private individuals to be ‘good samaritans’ recognised in English law. Hence, any charge of gross negligence manslaughter would be difficult to prove because the offence requires a duty of care to be owed by one party to the another, for example between and parent and child.[13] It is arguable that because Amy is a police officer, albeit off duty at the time, she may owe a duty of care to Victor. The direction of the judge was wrong in law as section 8 of the Criminal Justice Act 1967 states that a person cannot be held to have intended the natural and probable consequences of his act just because they were natural and probable. The common law requires that a jury must consider all the relevant evidence before they decide whether they are satisfied of having the necessary intention.[14] 1 Footnotes [1]Law Commission, A New Homicide Act for England and Wales, Consultation Paper No.177: Law Com No. 304: ‘Murder, Manslaughter and Infanticide’ (2006). [2]See R. v. Vickers [1957] 2 Q.B. 664; Hyam v. D.P.P. [1975] A.C. 55; R. v. Cunningham [1982] A.C. [3]Above ft 1 at p 5. [4]Ibid. [5]Above a ft 1 page 8. [6]Bodkin Adams [1957] Crim LR 365 [7]Ibid at 368. [8](1992) Winchester Crown Court [9] R v White 2 KB 124. [10] R v. Smith [1981] 1 AER 332. [11] Cunnigham [1982] AC 566. [12] See R v Creamer [1966] 1 QB 72, 82C–D where Lord Parker CJ stated that: â€Å"A man is guilty of involuntary manslaughter when he intends an unlawful act and one likely to do harm to the person and death results which was neither foreseen nor intended. It is the accident of death resulting which makes him guilty of manslaughter as opposed to some lesser offence†. [13] R v Bateman 1925 Cr. App R. 8. [14]See Moloney [1985] 2 WLR 648; and Han kcock and Shankland [1986] 2 WLR 257

The Importance Of Writing An Argumentative Essay - 969 Words

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Tracing the Word Blood in Macbeth free essay sample

Tracing the Word â€Å"Blood† in Macbeth Act 2 1. 2. 1. 45-46 a. Quotation and Speaker Macbeth: I see thee still/ Find on thy blade and dudgeon gouts of blood. b. Paraphrase and Clarification I can still see the spots of blood on this blade. Macbeth is hallucinating, the blood isn’t really there. c. Conclusions Macbeth sees blood on the blade as a sign that he must commit the murder, the evil act. Evil is represented by the presence of blood. 2. 2. 1. 48-49 a. Quotation and Speaker Macbeth: This is the bloody business which informs this to mine eyes. b. Paraphrase and Clarification The evil deed (murder) that I’m about to do is making me see these things. c. Conclusions Bloody also represents evil here as Macbeth recognizes the murder is an evil deed. 3. 2. 2. 52-53 a. Quotation and Speaker Lady Macbeth: Go carry them and smear/ The sleepy grooms with blood. b. Paraphrase and Clarification Take the daggers and put them near the guards the cover them with blood. We will write a custom essay sample on Tracing the Word Blood in Macbeth or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Lady Macbeth is telling Macbeth to frame the guards. c. Conclusions The literal meaning of blood is used here. However the theme Appearance vs. Reality can be applied as blood is used to make other people look guilty. . 2. 2. 58-60 a. Quotation and Speaker Lady Macbeth: If he do bleed/ I’ll gild the faces of the grooms withal, / For it must seem their guilt. b. Paraphrase and Clarification When Duncan bleeds, cover the faces of the guards with blood so they look guilty. c. Conclusions As the previous passage, blood is used to change the appearance of these and the people found with it are deemed evil. 5. 2. 2. 63-64 a. Quotation and Speaker Macbeth: Will all great Neptune’s ocean wash this blood/ Clean from my hand? b. Paraphrase and Clarification Can all the water in the ocean wash the blood (guilt) from my hands? c. Conclusions Blood represents guilt again here as well. 6. 2. 3. 94-95 a. Quotation and Speaker Macbeth: The spring, the hand and the fountain of your blood/ has stopped, the very source of it has stopped. b. Paraphrase and Clarification Your father has died. c. Conclusions Blood is used in this passage as a biological connection to another person. In this case, it’s the relation of Duncan and his sons. This is the first time it is used like this in this Act. 7. 2. 3. 98-101 a. Quotation and Speaker Lennox: Their hands and faces were all badg’d with blood/ So were their daggers which, unwip’d, we found/ Upon their pillows. . Paraphrase and Clarification They (the guards) were covered in blood, and so was their daggers which were under their pillows. c. Conclusions Blood represents guilt here as well as the guilt of the guards is determined by the presence of it 8. 2. 3. 108-109 a. Quotation and Speaker Macbeth: He’s silver skin lac’d with his golden blood/ And his gash’d stabs look’d like a breach in nature. b. Paraphrase and Clarification His pale skin was covered with his noble blood and the stabs on his body looked like nature itself had been harmed. c. Conclusions The king’s blood has been spilt which is a treacherous thing. Nature itself is in turmoil because of how great this evil is. 9. 2. 3. 122-124 a. Quotation and Speaker Banquo: And when we have our naked frailties hid/ That suffer in exposure, let us meet/ And question this bloody piece of work. b. Paraphrase and Clarification Let’s get dressed in proper attire, then meet and figure this murder out. c. Conclusions Like in the second quote, bloody describes how evil and unnatural the murder is. 10. 2. 3. 135-137 a. Quotation and Speaker Donaldbain: Where we are/ There’s daggers in men’s smiles; the nea’er in blood. The nearer bloody. b. Paraphrase and Clarification If we still stay here, people will pretend to smile at us while hiding daggers. The closer one is related to Duncan, the more likely they will be killed. c. Conclusions There are two meanings to the word blood in this quote. The first one is the biological attachment (family ties) of Donaldbain and Malcolm to Duncan. The second connation given to the word blo od is again the unnatural, evil act of murder, except in this case, they are referring to the murder of the two brothers not their father. 11. 2. 4. 5-6 a. Quotation and Speaker Ross: Thou seest the heavens, as troubled with man’s act/ Threatened his bloody stage. b. Paraphrase and Clarification You can see it in the weather, nature is mad at what has happened and is threatening us. c. Conclusions This quote brings out the same idea of bloody as a synonym to evil or unnatural and how nature is â€Å"unhappy† with this. 12. 2. 4. 22 a. Quotation and Speaker Ross: Is’t known who did this more than bloody deed? b. Paraphrase and Clarification Do you know who committed the murder? c. Conclusions. Again, bloody is used as an adjective in place of the word evil. General Conclusions: 1. In Act 2, blood has a negative connotation attached to it. It is used as a synonym to the word evil. You see this when people, such as Macbeth and Banquo, describe the wicked murder of Duncan as â€Å"bloody business. † 2. Blood is also used to represent guilt. The guards, or grooms, appear guilty because their person and their daggers were covered with blood. Macbeth also refers to his own guilt as the blood on his hands. 3. The final way in which the characters use the word blood it to represent the family ties between Duncan and his sons. The Shakespearean play of Macbeth is a story with great literary applications. It is full of complex themes, intriguing motifs and words with deeper meanings. In Act two, blood, one of these crucial words, is portrayed with a negative connotation. In this Act, blood is used to describe evil, indicate guilt, and represent one’s family ties. The beginning of Act two immediately commences with Macbeth hallucinating by seeing a knife covered with blood and takes it a sign he needs to commit treason. Macbeth recognizes how nature is, and will be, offended by the evil deeds of man, he murder. Ross is part of the other people realize this as it is expressed through his words, â€Å"Thou seest the heavens, as troubled with man’s act/ Threatened his bloody stage† (2. 4. 5-6). This shows that even Ross, as well as others, notices the turmoil in the weather because of the evil of murder. The second way in which the word blood is used is to signify the amount of a personâ₠¬â„¢s guilt. Macbeth and his wife cover the grooms with blood knowing that it would appear they were the culprits in the assassination. This was the initial assumption as everyone associated the presence of blood on their person, the guard’s, as an indication to their guilt. However, the greatest link of the words blood and guilt was displayed through Macbeth. When he said, â€Å"Will all great Neptune’s ocean wash this blood/ Clean from my hand? † (2. 2. 63-64), the blood that he refers to is used figuratively to represent the guilt that he feels. Macbeth expresses his inner struggle with his morality as he realizes how he could never be rid of his great guilt. Family is the final way blood is represented in Act two to show that anyone related to Duncan immediately poses as a threat to the throne, especially towards Macbeth. The reader immediately recognizes this through Malcolm’s word, â€Å"Where we are/ There’s daggers in men’s smiles; the nea’er in blood. / The nearer bloody† (2. 3. 135-137). Blood is something to avoid as it not only represents evil but guilt and a death sentence if one is related to the deceased. All these things show us that blood is not a good omen in Act two of Macbeth.