Homcide: Murder and Manslaughter

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As a deviation from the hate crimes thread: I belive, as outlined before, in the essential sanctity of human life and to remove it is the greatest crime one human can commit on another. Under anglo saxon law ( a term used to represent the basis of the laws of the UK, the USA, NZ, Australia etc.) we make the distinction between murder and manslaughter so that manslaughter requires

1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority. Where murder requires premeditation. Should we make this distinction? Where should the distinction lie? What should be allowed as mitigating factors?

Ed, Thursday, 1 November 2001 01:00 (twenty-two years ago) link

Ed, i think a distinction is vital. does murder requies premeditation though? i thought it required intention. this surely is not the same thing?

gareth, Thursday, 1 November 2001 01:00 (twenty-two years ago) link

(bugger, missed a paragraph break)

My answer for now is fairly simple. Yes there should be the distinction between murder and manslaughter. But manslaughter should be treated much more seriously. the fact that killing someone whilst drink driving typically sends someone down for 5 years (sometimes less) is shocking. And the fact that noone can be prosecuted for the ladbrooke grove and hadfield rail disasters, where the negligence seems so obvious, is one of the great scandals of our times (plus directors should take responsibility for corporate actions)

Of course there should be a slinding scale where self defence carries a lighter sentance but I think once the manslaughter is proven the burden of proof should then be on the defendant to show that there was a genuine and credible threat to the life of the defendant, and no other form of restraint was availible.

Ed, Thursday, 1 November 2001 01:00 (twenty-two years ago) link

Could be intent, I"m not sure?

ALso I'd like to thank Dr C I've quoted him twice.

Ed, Thursday, 1 November 2001 01:00 (twenty-two years ago) link

I put a fairly concise description of manslaughter on the Tony Martin thread yesterday.

Dr. C, Thursday, 1 November 2001 01:00 (twenty-two years ago) link

sixteen years pass...

I little of subject but I find it crazy and disturbing how someone will have a way longer sentence for drug possession ( let’s say half a kelo) of cocain than that of a person who took another human life . I’ve read so many times a drug offender sentenced to 15 years to life and a convicted killer get sentenced to 7 to 10 years sometimes way less , I know it all depends on a ton of factors but I just don’t see how you can kill a person even a murder conviction and walk out of prison 15 years later , the guy who was in possession of drugs has a 30 year sentence, I think it had to do with the money, because selling drugs is like taking money out of the governments pockets and that’s a big NO NO, don’t mess with the big guys money taxes extra, but killing MEH. Any body see such situations with sentencing murderers vs drug dealers or other offenses that aren’t murder but getting more time than the murderer?

Liquid metal splooge yr2025, Friday, 22 June 2018 10:42 (five years ago) link


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