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Discussing Homicide - constructive manslaughter.
- Essay length: 7488 words
- Submitted: 23/10/2003
The first 200 words of this essay...
3. MANSLAUGHTER - CONSTRUCTIVE
Although there is only one offence of manslaughter, it can be committed in two ways: voluntarily and involuntarily
Now, when we speak of voluntary manslaughter, in fact the defendant has been charged with murder but he pleads manslaughter because there is a mitigating factor such as provocation or diminished responsibility which will permit a jury to bring in the lesser verdict of manslaughter. This is important because with murder a life sentence is mandatory, whilst a conviction for manslaughter permits a judge to impose any sentence he likes - from life imprisonment to an absolute discharge.
On the other hand, involuntary manslaughter is a type of manslaughter with which a defendant may be charged. In other words, it is a crime in its own right; and please take note: throughout this and the next lecture, when I speak of manslaughter, I am referring to involuntary manslaughter. OK, so let's go!
There is good news and bad news. The good news is that we can skip over the actus reus of manslaughter because it is the same as for murder. So, the way in which manslaughter differs from murder
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