Essay
Murder Evaluation Plan
- Course
- Institution
An in-depth evaluation of the law on murder. The plan provides a balanced argument and is of an A* standard.
[Show more]
Seller
Follow
eleanortrend
Content preview
“A rickety structure set upon shaky foundations”Terminology
‘Unlawful killing of reasonable creature in being’
This definition is likely to cause confusion amongst laypeople, limiting the law’s
accessibility. It should be updated to the simple definition of the ‘unlawful killing of a
human being’ to increase understanding and make the law more transparent.
‘Death’
There is no single definition of ‘death’, meaning problems of with consistency could
arise.
Whilst Malcherek recognised that switching off a life support machine does not
constitute murder, there is still much ambiguity surrounding the term.
For this reason, different groups have disputed whether a foetus can be regarded as
a ‘human being’.
The case of AG’s Reference (No. 3 of 1994) suggests that a foetus is not a human
being.
However, the common law needs to be consolidated to clarify this position.
Mens Rea
The mens rea of ‘malice aforethought’ is suggests that hatred or evil intent and
premeditation is required.
Case law does not substantiate this, as demonstrated by Vickers, where D attempted
to burgle a sweet shop and intended to cause serious harm when confronted by the
owner.
Therefore, it is clear that term needs to be altered to resolve issues with misleading
terminology.
Euthanasia
The fact that Lord Coke's definition does not account for cases of murder out of love
or compassion is highly problematic.
This suggests that a tailor-made offence of mercy killing needs to be created to avail
a defendant of complete liability.
The fact that judges can differentiate when they set a defendant’s tariff can be seen
to resolve this problem to an extent.
However, it does not avoid the issue with defendants of varying levels of intention
being placed in the same category.
It is unjust that a serial killer such as Peter Sutcliffe and a defendant intending serious
harm like Cunningham is labelled in the same way as an accessory to euthanasia such
as Francis Ingles. As a result, it seems clear that the law in this area needs to be
reformed to prevent it from having such a wide scope. In line with this, it can be
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller eleanortrend. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.18. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75759 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now