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Criticism's and Reforms for Murder

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  • Essay length: 727 words
  • Submitted: 04/01/2006
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GCSE Law

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Criticisms and Reforms for Murder

Criticisms:

Reforms:

The lack of a precise legal definition of death - creates uncertainty. Most countries have a legal definition of death which is 'when the brain stem is dead and the victim's brain cannot function spontaneously.

Criminal Law Revision Committee rejected defining death in a statute in 1980.

The year and a day rule - In order for a defendant to be liable for a homicide offence, the victim had to die within 366 days of the last act done to the victim by the defendant. Criticised because the advances in technology means that victims can be kept alive for longer than 366 days, even though the original injuries remain the actual cause of death

The Law reform Act 1966 has therefore abolished this rule.

Problems with Intention to cause Grievous Bodily Harm (GBH) - a defendant may be convicted of murder without intending it at all i.e. they intended GBH and didn't foresee the consequence of death or specifically did not want the victim to die. They will receive a life sentence in the same manner as if they had premeditated murder.

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