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

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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. It is where even if a person kills or is a party to the killing of another, he will not be convicted of murder if he was suffering from such abnormality of mind. Before the 1957 Act, over 40% of murder trials involved a plea of insanity. Now most defendants will opt of the defence of diminished responsibility.  Diminished Responsibility is easier to prove, than insanity sometimes relying on little evidence, for example in Price (1971) Defendant killed his severely handicapped son. Diminished Responsibility had long been known to the Scottish Courts.

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Kiranjit Ahluwalia was born in a Punjabi-speaking Sikh family in Chak Kalla in Punjab, and was the last of 9 siblings. Her dad passed away a few months after her birth, while her mom passed away when she was 16. Kiranjit wanted to become a lawyer, but she had an arranged marriage to Deepak Ahluwalia of London, England, who lived with his mom. She had hoped to continue her education, but was prevented by Deepak, who became increasingly alcoholic, and abusive - both physically and verbally, even sexually molesting her, and having multiple relationships with other females. Things only got ...

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