Comparing Voluntary and Involuntary Manslaughter

Comparing Voluntary and Involuntary Manslaughter

Length: 418 words (1.2 double-spaced pages)

Rating: Excellent

Open Document

Essay Preview

More ↓
Comparing Voluntary and Involuntary Manslaughter

Voluntary manslaughter is when a defendant has muredered a victim, but
can use one of the following defences to reduce his/her sentence to
manslaughter (all of which are sections of the Homocide act 1957):

* Diminished responsibility (S2)

* Provocation (S3)

* Suicide Pact (S4)

Involuntary manslaughter is when a defendant does not intend to cause
GBH or kill the victim, but does so. EG - a man throws a brick at a
window, intending to break it. The brick then bounces off the window
and hits another man in the head, killing him instantly.

2. What does it mean when the defendant can use voluntary
manslaughter as a ‘partial defence’?

This means the defendant can rely on one of the above three defences
to reduce his/her murder charge to manslaughter. The above defences
are NOT EXCUSES, and a defendant cannot use them to be acquitted, only
to have their sentence reduced.

3. Whom must prove the defence of diminished responsibility and
what is the standard of proof?

The defendant must prove he/she had an ‘abnormality of the mind’. The
standard of proof is on the ‘balance of probabilities’, not on the
reasonable man test.

4. S2(1) of the Homocide Act 1957 includes the phrase ‘any inherent
cause’. What does this mean?

The term ‘any inherent cause’ means literally ‘any cause from within’.

5. What is a “transient state of intoxication” and is it seen as a
disease of the mind?

‘A Transient state of intoxication’ refers to the temporary effects of
an intoxicating substance such as drugs or alcohol. It can only be
seen as a disease of the mind if alcoholism or constant drug use has
actually caused damage to the brain, the defence must prove this.

6. If the defendant has a disease of the mind, but is also

How to Cite this Page

MLA Citation:
"Comparing Voluntary and Involuntary Manslaughter." 13 Dec 2018

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Voluntary and Involuntary Minority communitites Essay

- John Ogbu, an anthropologist from the University of California at Berkeley believes that not all minorities have the same challenges to overcome when it comes to educational success in the United States. He states, “What the children bring to school—their communities cultural models or understandings of “social realities” and the educational strategies that they, their families, and their communities use or do not use in seeking education are as important as within school factors”(Ogbu 5 1988)....   [tags: Educational Success, America]

Research Papers
1437 words (4.1 pages)

Essay on Euthanasi Voluntary And Involuntary

- Euthanasia, the right to die, death with dignity – no matter what you call it – should be readily available to all humans who wish to die. Euthanasia, as defined by MediLexicon’s medical dictionary, is “a quiet, painless death” or “the intentional putting to death of a person with an incurable or painful disease intended as an act of mercy” (----). There is one absolute certain in life – death. It is one matter that we have no choice in, we will all die. But shouldn’t we have some say in how, when, and where we will die....   [tags: Euthanasia, Death, Medical law, Pain]

Research Papers
1043 words (3 pages)

Essay on A Union Of States Should Not Be Voluntary Or Involuntary

- A confederation of states should not just be either voluntary or involuntary; it should be both. If a union is merely willful or involuntary, then many issues may arise. The wisest decision is to permit the states to join willingly, with the realization that the bond they form with the union is permanent. Why does it matter. If a union of states is not both, how would the free will of the people be violated. It is unwise for a union of states to be exclusively voluntary. The union would no longer be considered one of importance or high value, as a state could have the freedom to secede at any time....   [tags: United States]

Research Papers
1468 words (4.2 pages)

Essay on Involuntary Manslaughter

- Involuntary Manslaughter Involuntary manslaughter is an unlawful killing where the defendant does not have the intention to kill or cause GBH. The lack of intention is what distinguishes involuntary manslaughter from murder. There are two ways of committing involuntary manslaughter. These are unlawful act manslaughter and Gross negligence manslaughter. The maximum sentence for involuntary manslaughter is life imprisonment, thus giving the judge discretion to impose any sentence, which is suitable for the particular circumstances of the offence....   [tags: Papers]

Research Papers
748 words (2.1 pages)

Essay on Involuntary Manslaughter

- Involuntary Manslaughter In order to critically discuss whether the law governing involuntary manslaughter is in a satisfactory state, I must first look at the current law, outlining the problems, and then look at proposed changes. Involuntary manslaughter – * This is where death occurs as a result of conduct by the defendant. * It has similar AR to murder, but lacks the MR of murder. * It can include a very wide set of circumstances. * The maximum sentence is life, but the judge has discretion in sentencing....   [tags: Papers]

Free Essays
1347 words (3.8 pages)

The Law on Voluntary Manslaughter Essay

- The Law on Voluntary Manslaughter Voluntary manslaughter, as established by the Homicide Act 1957, is determined by three sections: diminished responsibility, provocation, and suicide pact. Diminished responsibility is established by Section 2 of the Homicide Act. It may be used as a defence to murder if the defendant can prove an abnormality of the mind (if, for example, the defendant is an alcoholic, or has a mental condition as in R v Byrne, where the defendant had uncontrollable sexual desires.) The defence is that the defendant does not have the necessary control over their actions, when compared to a reasonable person....   [tags: Papers]

Free Essays
600 words (1.7 pages)

Essay on Voluntary And Involuntary Turnover Have An Effect On Organizations

- Voluntary and involuntary turnover have an effect on organizations. Rapid changes in job descriptions, organizational structures, and inter-organizational competitiveness increase the importance of studying turnover and its relationship with organizational change. According to Leana and Van Buren (1999), "the loss of key network members can severely damage an organization 's social fabric and perhaps eradicate its social capital altogether." When businesses lose a high number of employees, problems can occur, costing the company time and money....   [tags: Employment, Organization, Change]

Research Papers
1241 words (3.5 pages)

Euthanasia: For, Against, or In The Middle Essay

- What is Euthanasia. Euthanasia is derived from the Greeks where Eu means good and Thanatos means death. When these phrases are combined the word euthanasia is created; meaning “good death”. The act of deliberately ending a person’s life to relieve suffering, while leaving life in peace. Have you ever considered what you want when you are dying. If you were terminally ill or disabled with a reliance on life support to keep you alive, would you want a swift, painless, death or would you want pain and suffering....   [tags: active, passive, voluntary, involuntary]

Research Papers
1519 words (4.3 pages)

Euthanasia: The Pros and Cons Essay

- Euthanasia: The pros Anatomy Durkos Sarah Carter Jan 6, 2013 Over the years there has been a debate on whether euthanasia is a “humane” form of death. Some believe it isn't humane and others believe euthanasia is personal choice. Euthanasia is legal Australia and in four states in the united states. The legality of euthanasia is based on ethics primarily. I am pro euthanasia for many reasons; Euthanasia is cheaper, it ends the suffering of patients, and self determinism. Euthanasia is the assisted ending of a person life in response to pain and suffering....   [tags: voluntary, involuntary, pain]

Research Papers
1289 words (3.7 pages)

Corporate Manslaughter Essay

- Corporate Manslaughter What is corporate manslaughter. Corporate manslaughter is a crime that can be committed by a company in relation to a work-related death. The offence is intrinsically linked to whether a director or senior manager - a "controlling mind and will" of the company - is guilty of manslaughter. If the director or manager is found guilty, the company is guilty; if the director or manager is found innocent, the company is innocent. Is it difficult to prosecute. Proving corporate manslaughter has been notoriously difficult in the past....   [tags: Papers]

Free Essays
681 words (1.9 pages)

intoxicated when they kill, what must a judge direct the jury to

The judge will direct the jury to consider whether or not they feel
that the defendant would have killed had he/she not of been
intoxicated. If their answer is yes, then diminished responsibility
can be used as a defence. If not, then no defence can be used.

7. Why may a defendant wish a charge of murder to be replaced,
using the defence of voluntary manslaughter, even though life
imprisonment is still a sentencing option?

The only sentence available for a murder trial is life imprisonment,
so, if found guilty, the only possible sentence a defendant will
receive is life. Whereas in a manslaughter trial, there are a range of
sentences available, making it less likely that the defendant will
receive life imprisonment.

8. If you were given the task of rewording S2 of the Homocide Act
1957, how would you define ‘disease of the mind’.

I would define it as – “such a mental abnormality that reduces the
persons ability to make conscious and reasonable decisions”

The term ‘mental abnormality’ would include:

* Mental Illness

* Arrested or Incomplete development of the mind

* Psychopathic disorders

* Any disorder or disability of the mind (except intoxication).
Return to