In relation to murder, consider what critisicms may be made on the current law.

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In relation to murder (inc voluntary manslaughter), consider what criticisms may be made on the current law.

There are many aspects of the law relating to murder which are currently criticised and are in ne3ed of change. The main ones are:

- the necessary of intent.

-the use of force in self- defence.

-the mandatory life sentence.

Intent has caused many problems because of having to establish the  mens rea in cases where the prime intent was not to kill, will inevitably cause problems as hen you have to find out what the defendant did intend, or what did he foresee would happen as a result of his act? Only the defendant himself can possibly know what was in his mind at the time.

        As things stand at the moment, a person who intends to cause serious bodily harm and actually causes his victims death is guilty of murder. But should a defendant whole only intention is to cause serious bodily harm be as guilty of murder as one who deliberately wanted to kill? And what if the defendant whose main intention was not even to cause serious bodily harm?

        A case showing this is Hancock and Shankland who said their only motive was to block the road , they did not intend serious bodily harm let alone death. They were both convicted of murder although this verdict was changed to manslaughter after appeal. It is the foresight of consequences that causes the most problems and concern. This is an area which subsequent cases have done little to clarify.

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        Over the years it has been suggested that the criminal law should be codified. This means that murder would be included in new legislation.  A criminal code produce in 1989, in which the following definition of murder was as follows:

        A person is guilty of murder if he caused the death of another-

                      a. intending to cause death; or

                         b. intending to cause serious personal harm and being  aware that he may cause death.

        This would mean that a defendant who ...

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