• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

How do you feel the victims of abuse and violence who kill should be dealt with under law?

Extracts from this document...

Introduction

Law Essay "How do you feel the victims of abuse and violence who kill should be dealt with under law?" One defence of murder is Provocation. Provocation is only available in a trial for murder, not for assaults or any other offence. The procedure for provocation is that at first, the judge must have decided there is sufficient evidence that the defendant was provoked and whether or not the defence has been raised expressly by the defendant He must leave it to the jury to answer the questions such as - was the defendant provoked to lose his self-control? And was the provocation enough to make a reasonable man do as he did? The defendant must raise sufficient evidence of provocation for the judge to leave the defence to the jury. Whether the defendant has produced sufficient evidence is a matter of law for the trial judge alone to decide. Any witness at the trial, not necessarily by D alone, can provide this evidence. Since the 1957 Act, it has been capable for anything to constitute provocation, including words alone, actions by third parties, and provocation directed at third parties. Another defence of murder is diminished responsibility. It is not available for attempted murder. ...read more.

Middle

Even though the chain of events was not straight after each other due to Kiranjit Ahluwalia not retaliating straight away, and also leaving the house before setting Deepak on fire, I think that all she had suffered should have been taken into consideration and diminished responsibility should have been applied and that her lawyer should have taken more interest in the case. If the lawyer had taken more of an interest in the case, the fact that diminished responsibility could be applied would have been found out. She did not mean to kill him; just to save herself and the children from him. In "life term for a drunken rage murder (2009)", Arthur Pitt-Pladdy had intended to kill Kim Butler as he had stabbed her 177 times. He had also allowed himself to be in such a state by drinking so much alcohol and drugs that he could be in the "drunken rage". The jury found him guilty even though he denied it therefore he was sent to prison for at least 18 years and was treated as he deserved. I think it was right that he was sent to prison as he brutally killed her. In "Man jailed for strangling Ex-wife (2006)", Colin John Noddings had strangled his ex-wife and was found guilty of manslaughter. ...read more.

Conclusion

It is said that between 10-20% of people think domestic violence towards women is acceptable in some way in response to "nagging", flirting with other men, dressing in 'sexy' clothes in public, and not "treating him with respect". From looking at a table stating people's opinions on domestic violence, most people say it is not acceptable, however around 100 men a year kill their former or current partners, and provocation - such as failing to cook a meal, or persistent nagging - is the main form of defence used by barristers. On the site the table is on, a lot of people have commented on how they think domestic violence is wrong, but the posts are all or mostly from females. This suggests to me that females could be more against it or at least react to it in horror. Also, men are naturally more violent in general than women. In conclusion, I think that overall it depends on the circumstances. If someone was abused a lot to an extent that it can be proven that their mental state has been damaged then I think that diminished responsibility is right to be used. However, it should only be if there is proof as things such as someone cheated on them should not allow provocation to clear them. ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Tort section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Tort essays

  1. Marked by a teacher

    Discuss the extent to which discrimination is prohibited under English and Welsh law (25 ...

    5 star(s)

    While indirect include cases such as Mandla v Dowell Lee where a Sikh boy was excluded from a school because he insisted on wearing his turban instead of the school cap. Allowing his claim that he was a victim of discrimination, the HOL said that although he could comply with

  2. Marked by a teacher

    Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and ...

    4 star(s)

    damage suffered was too remote a consequence of the breach of duty. If the harm to the plaintiff would not have occurred "but for" the defendants breach of duty then that negligence is a cause of that harm as shown in Barnett v Chelsea and Kensington Hospital Management Committee 1969 1 QB 428.

  1. Marked by a teacher

    Homicide Act 1957

    3 star(s)

    A problem occurs in cases of murder arising out of domestic violence where in the majority of cases a woman has suffered provocation, over the years from a partner and then kills that partner as a result of a final act of provocation.

  2. Fault Essay

    This is unlikely to break the chain as in Dear even when they choose not to get help and can go as far as reopening the wounds. It can argued that this is unjust as why should D remain liable even when a reasonable person would not be able to

  1. Cases on provocation

    battered V some twenty times with a heavy ashtray and killed him. At his trial for murder, D claimed provocation. The judge told the jury to consider the effect V's drunken remark would have had on a reasonable sober person, and the jury convicted.

  2. UNIT3 ASSIGNMENT4 LAW OF TORT

    This required all the surrounding circumstances to be considered, for example the seriousness of the danger, the type of trespasser likely to enter, and in some cases the resources of the occupier. To establish whether Ken can be exempt from liability to compensate Malcolm, these factors will contribute to the

  1. What is the meaning of intention in English criminal law? Is it always possible ...

    of the Law Commission:coba bar sebabaw orba bak inba foba ba; ...A person is reckless if, a) knowing that there is a risk that an event may result from his conduct or that a circumstance may exist, he takes that risk, and b)

  2. In this report, the differences between contractual liability and tortuous liability are explained. In ...

    Therefore Titus and his employer were not liable for the damage of Maria?s shop or Anthony?s restaurant. On the other hand, Sam?s employer could be held vicariously liable for the damage of Hugh because Sam has made a negligence that he didn?t take care of Hugh as duty of a police.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work