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 Law reform Act 1966 has therefore abolished this rule.
Problems with Intention to cause Grievous Bodily Harm (GBH) - a
defendant may be convicted of murder without intending it at all i.e.
they intended GBH and didn’t foresee the consequence of death or
specifically did not want the victim to die. They will receive a life
sentence in the same manner as if they had premeditated murder.
A House of Lords Select Committee recommended changing intent to do
GBH to intent to cause serious personal harm, being aware that death
might result from that harm. Being aware would imply subjective
knowledge.
Problems with Intention - Criminal law, as defined in Moloney, does
not define intent it only gives guidelines to the jury on how to tell
if it is present so the same facts could either result in a conviction
or an acquittal. It has been said by Smith and Hogan that juries
consider awareness of the probable consequences as intention if they
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...n sentencing.
Mandatory life sentence for murder - At present a person who helps to
end the life of a terminally ill relative on compassionate grounds is
treated in the same way as a cold-blooded killer. Moloney can be
placed anywhere in between. This is inflexible and also goes against
the doctrine of judicial independence. Society is supposed to be
registering its disapproval of these offences and yet the
circumstances of a particular offence could make a huge difference to
the way that society viewed it.
A House of Lords Select Committee (1989) recommended that the
mandatory life sentence for murder should be abolished. If so it
would have to be in conjunction with a system of classification or the
abolition of the distinction of murder and manslaughter with the
courts having discretion over sentencing.
...ages was excessive compared to the damage suffered by the plaintiffs and the defendant’s “failures to fulfill contractual obligations”15. This decision could be a start in introducing punitive damages in France, though two conditions would need to be fulfilled for them to be allocated - proportionality both to the damage suffered, and to the defendant’s “failures to fulfill contractual obligations”.
Murder at the Margin is a murder mystery involving various economic concepts. The story takes place in Cinnamon Bay Plantation on the Virgin Island of St. John. It is about Professor Henry Spearman, an economist from Harvard. Spearman organizes an investigation of his own using economic laws to solve the case.
The sentencing of underage criminals has remained a logistical and moral issue in the world for a very long time. The issue is brought to our perspective in the documentary Making a Murderer and the audio podcast Serial. When trying to overcome this issue, we ask ourselves, “When should juveniles receive life sentences?” or “Should young inmates be housed with adults?” or “Was the Supreme Court right to make it illegal to sentence a minor to death?”. There are multiple answers to these questions, and it’s necessary to either take a moral or logical approach to the problem.
The essay pans the whole world and presents the death penalty practices. In the last paragraph the paper focuses on the USA exclusively.
Capital punishment is an age-old practice. It has been used in civilizations for millennia, and will continue to be used for millennia to come. Whether used for the right or wrong reasons, capital punishment is unmistakable in its various forms. From hangings, to firing squads, to lethal injections, capital punishment and the associated proceeding have evolved over time. There have been many arguments against capital punishment, many of which still hold true. As capital punishment has evolved over time, however, many of the most valid arguments have been proven all but null. Capital punishment still has its ethical and moral concerns, but as it has evolved over time these concerns have not necessarily become less valid, but fewer in number when specifically addressing capital punishment. The proceedings that come hand-in-hand with capital punishment, however, have become increasingly more rigorous and controversial and are the main focus of most capital punishment concerns.
The story of “Killings” by Andre Dubus looked into the themes of crime, revenge and morality. The crime committed in the story depicted the father’s love for his son and the desire to avenge his son’s death. However, his own crime led to his own destruction as he was faced with questions of morality. The character found himself in a difficult position after taking his revenge. He failed to anticipate the guilt associated with the crime he committed. Feelings of anger and righteousness are illustrated by the character throughout the story.
there must have been a wrongful act committed and the plaintiff must have suffered. (Cannell)
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered.
Capital punishment is a declining institution as the twentieth century nears its end. At one time capital punishment was a common worldwide practice, but now it is only used for serious violation of laws in 100 of the world's 180 nations (Haines 3 ). It can be traced back to the earliest forms of civilization. The origins of the movement away from capital punishment are difficult to date precisely. The abolition movement can be heard as early as the religious sermons of the Quakers in the 1640's (Masur 4). In the seventeenth century, the Anglo-American world began to rely less on public executions and more in favor of private punishments. The possible decline in popularity of the capital punsihment system is directly related to the many controversial issues it entails such as: the questions of deterrence, morals and ethics, constitutionality, and economics.
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
The Ethics of Capital Punishment Ethics is "the study of standards of right and wrong. " philosophy dealing with moral conduct, duty and judgement. ' [1] Capital Punishment is the death penalty for a crime. The word "capital" in "capital punishment" refers to a person's head as in the past. people were often executed by severing their heads from their bodies.
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.
Capital punishment has been in effect since the 1600's (Cole 451). However, in 1972 the U.S. Supreme Court ruled that the death penalty was cruel and unusual punishment, which was unconstitutional according to the Eighth amendment. It was public opinion that the current methods of execution, hanging, electrocution, and facing a firing squad, were too slow and painful upon the person to be executed (Cole 451). The U.S. Supreme Court reversed this decision when a "cleaner" way to bring about death was found in 1976. This "cleaner" way is death by lethal injection, which is quick and painless if administered right (Cole 450). Since capital punishment has been reinstituted many people have argued for and against capital punishment. Some say the death penalty is what the criminal deserves while others object to it because death is irreversible. I feel the death penalty is a good form of justice because only about 250 people a year get the death penalty and they are guilty beyond a doubt and don't deserve living with the possibility of parole. The sentencing judge or jury are ordered by the Supreme Court to look for "specific aggravating and mitigating factors in deciding which convicted murderers should be sentenced to death" (Cole 451). Some of these mitigating factors are the defendant's motivation, character, personal history, and most of all remorse (Costanzo).
Michael Sanders, a Professor at Harvard University, gave a lecture titled “Justice: What’s The Right Thing To Do? The Moral Side of Murder” to nearly a thousand student’s in attendance. The lecture touched on two contrasting philosophies of morality. The first philosophy of morality discussed in the lecture is called Consequentialism. This is the view that "the consequences of one 's conduct are the ultimate basis for any judgment about the rightness or wrongness of that conduct.” (Consequentialism) This type of moral thinking became known as utilitarianism and was formulated by Jeremy Bentham who basically argues that the most moral thing to do is to bring the greatest amount of happiness to the greatest number of people possible.
Murder! Rape! Terrorism! Most consider the people that commit these heinous crimes, but some say these people deserve a second chance. The Debate over the merits of capital punishment has endured for years, and continues to be an extremely complicated issue. Adversaries of capital punishment point to the Marshalls and the Millgards, while proponents point to the Dahmers and Gacys. Capital punishment is the legal infliction of the death penalty on persons convicted of a crime (Cox). It is not intended to inflict any physical pain or any torture; it is only another form of punishment. It is irrevocable because it removes those punished from society permanently, instead of temporarily imprisoning them. The usual alternative to the death penalty is life-long imprisonment.