A new partial defence to murder
We believe there should remain some form of culpability for those convicted of mercy killings, but that the label of murderer is too far. It is therefore submitted that there should...
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... suffer from. This would allow us to gain better insight into the justifications for ‘mercy killings’ and thus the possible reason for allowing defendants some form of a defence. Moreover, if we were to allow the defence, the advice of such medical practitioners could enable us to create an outline list of conditions which can be classified as sufficiently serious to warrant the allowance of the defence.
Another stakeholder whom we may wish to consult are academics and legal practitioners in other jurisdictions where defences or partial defences to mercy killings currently operate. Through consulting these individuals we can better understand how reform of the current law could operate in practise. We would also be able to examine case law from these jurisdictions to evaluate the effectiveness of their approaches to the defence and amend our proposals accordingly.
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