Defences for Murder
There are only three partial defences for murder; suicide pact,
provocation-the loss of self control and reaction must be
instantaneous and diminished responsibility. Amongst the three
mentioned two are most frequently used, these are provocation and
diminished responsibility, and only one full defence, self defence.
These defences are used to reduce the sentence charge by the defendant
to manslaughter from murder.
In the following text I will be examining how men use provocation and
diminished responsibility to walk free from murder. I will analyse the
advantages and disadvantages of these defences and any alternatives or
reforms.
Firstly, provocation is seen by men as an encouragement to attack
their partners. Many people say that men respond more violently to
infidelity and need a defence when their actions lead to the death of
their partners. Provocation also makes the victim seem like the
responsible agent. In the past men have killed their wives because
their partners are leaving them for another man (R.v.Humes) and have
claimed provocation or they have beaten their partners while
intoxicated (drugs, alcohol etc.) claiming diminished responsibility
(R.v.Tandy). In order to claim diminished responsibility the person
must have a substantial abnormality of mind caused by injury, disease
or just born with it. The mind may not be able to think straight thus
cannot make the decisions a reasonable person would. The person may
not know the quality of their actions and may not know that they are
doing wrong. In R.v.Tandy the defendant suffered from alcoholism and
she killed her 11 year old daughter and cla...
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...uld say that men
had the upper hand due to the success rate of the reduction of
sentences due to the claim of ‘provocation’. Any reasonable person
would say that women are less in strength than men and due to this
instantaneous reactions cannot take place on the other hand men can
easily over power women and end their partner’s life without any woe
or fear of being charged with murder as provocation is a pillow which
they can fall back on.
Many reforms have been made and are in the process of action. The
government are thinking is thinking of scrapping provocation as a
defence as it is an outdated defence. However they are planning to
only restricting it and allowing it on limited circumstances for
example they are planning for it to be scrapped in cases which involve
sexual discrimination as a provocative issue.
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