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Comment on the adequacy of the law on voluntary Manslaughter and outline reforms that have been or should be suggested.
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| Submitted: Tue Oct 21 2003
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Comment on the adequacy of the law on voluntary Manslaughter and outline reforms that have been or should be suggested. Homicides are not always classified as murder; most unlawful homicides are classified as manslaughter. These can be classified into two categories, voluntary manslaughter and involuntary manslaughter. The difference between these types of manslaughter is the mens rea for murder as it exists for voluntary manslaughter but does not exist for involuntary manslaughter. Voluntary manslaughter occurs when the accused has necessary actus reus and mens rea for murder, but there are mitigating circumstances which allow a partial defence and reduce liability to that of manslaughter. You cannot be charged with voluntary manslaughter, you will be trailed with murder and during the trail you will put forward a partial defence of voluntary manslaughter. Within voluntary manslaughter there are three partial defences, provocation, diminished responsibility and suicide pacts. There have been a few criticisms of voluntary...
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