1) Explain the difference between ‘manslaughter’ and ‘murder’ and describe the recourse a convicted murderer has after being sentenced by the Supreme Court. [KU-14] Manslaughter and murder both fall under the term homicide.1 Homicide is described the killing of a human being by another human.1 Manslaughter is the unlawful killing of a human being without malice aforethought.2 Murder is described as the unlawful filling of human being with malice afore thought.3 Though both of these crimes involve the killing of a person they still differ. A person that has been convicted of murder and sentenced by the courts that feels as if they have been wrongly convicted may ask the judge for reconsideration; apply an appeal with the Court of Appeal or with the Judicial Committee of the Privy Council.4
Manslaughter is the unlawful killing of a human being without malice aforethought. The murder was not premeditated meaning that the individual did not plan it. In some states manslaughter is also called third degree murder. In order for a killing to be called manslaughter it depends on the state of mind of the person and also the circumstances. Manslaughter can be further divided into two categories, voluntary and involuntary manslaughter.5 Voluntary manslaughter occurs in the “heat of the moment” meaning that the circumstancing leading to the killing caused an emotionally stable person to become emotionally and mentally disturbed. Involuntary manslaughter is when a person’s reckless consideration of a large threat results in another’s death.
Murder is the unlawful killing of a human being with malice aforethought it is also described as premeditated murder. The perpetrator took time to plot the crime, was not provoked or suffering from a mental defect. Killing another person is only considered murder if the person responsible for the crime is of sufficient age to form and execute a criminal design and is not legally insane. In majority of...
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