In this essay I will be criticising the law on murder including voluntary manslaughter and suggesting how it can be unsatisfactory as it can be quite confusing for the people who need to be applying the sentence for example the jury. Murder is a common law offence which means the law is made due to the cases however, it should be written down which means it would then be a statute law, which was suggested by Lord Coke in the 15th Century.
The government have also acknowledged the fat that the law of murder needs to become a statute law, they have also asked the law commissions to research this area so that they can produce a report on the possible reforms.
The major criticism is regarding the mandatory life sentence, this is criticised by both law professionals and the law commissions. It is hard for a judge to discriminate between different types of killings but will have the same sentence no matter if it’s an act of mercy killings when your partner is suffering an illness where there’s no hope that they will survive and the partner decides to switch the machine off, however they will receive the same punishment as say the Yorkshire ripper (Sutcliffe).
A trial judge cannot even tell the difference between the different kinds of murder when imposing the sentence. Judges should be allowed to be given more authority when depending on the circumstances on the case for them to think of an appropriate sentence.
A famous legal quote quoted by Hogan, which said “the sentence must be proportionate to the offence – court can achieve justice between one offender and another.” This was quoted in the 1980s it basically means is the worse the crime the worse the sentence which should be issued, many people still believe that this is how the law should be. Hogan wanted each case to be looked at separately and not compared which suggests that case law would then be demolished.
In loss of control sexual infidalilty should not be included when looking at loss of...
Please join StudyMode to read the full document