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What are the criticisms of the current law on Voluntary manslaughter?
Member rating: No Rating | Words: | Submitted: Sun Dec 15 2002
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What are the criticisms of the current law on Voluntary manslaughter? Voluntary Manslaughter, set out in the Homicide Act 1957, was established as a substitution for murder in certain circumstances. If there is evidence of Diminished responsibility then murder may be substituted for manslaughter. Diminished responsibility can be a form of insanity an 'abnormailty of mind' which is somewhat advantageous if you can prove this, as would be evidence of Provocation, Infanticide or the participation of a Suicide Pact. If the defendant is convicted of Murder, there is a mandatory life sentence and will definitely be imprisoned for a term usually no less than 12 years. However, if convicted of Voluntary Manslaughter, which still embeds the Actus Reus and Mens Rea of Murder, 'malice aforethought', and the defendant may be sentenced at the discretion of the Judge. In some cases this has amounted to a full life sentence anyway, but there...
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