Defense Principles in Murder and Manslaughter Cases Essay

Defense Principles in Murder and Manslaughter Cases - Essay ExampleThe essay Defense Principles in Murder and Manslaughter Cases talks about the effectiveness operation of Hong Kongs criminal law in mangle and manslaughter cases.However, not all unlawful killings amount to the crime. The criminal suspects will not be culpable if the Actus reus and Mens rea of the two corking offenses cannot be proved. Unintentional killing or killing that can be partially or wholly excused does not amount murder but whitethorn amount to manslaughter. The defense must birth their case within these parameters.Despite the similarity between the handling of murder and manslaughter cases in Hong Kong and England, there is a lack of consensus in the formers application of Mens rea. This was evident in House of Lords A-Gs persona (No. 3 of 1994) (1998 AC 245). In the case, the defense resorted to provocation and diminishing responsibility. Provocation should be more clear defined to shade more light o n its use as a defense. Diminishing responsibility, on the other hand, can be entered in cases where a defendant carried out murder due to a natural abnormality in the theme.Insanity is an important, complete defense that often leads to acquittal or lesser sentencing of criminal suspects involved in a murder. Killings resulting from self-defense normally top the list of cases that are argued chthonian complete defense. These have led many defendants to be acquit of the murder charges they face. Other exceptional cases in which a guilty mind is not proved may attr stand for complete defense.... Killings resulting from self- defense force normally top the list of cases that are argued under complete defence9. These have led many defendants to be acquitted of the murder charges they face10. Other exceptional cases in which a guilty mind is not proved may attract complete defence11 for example, a teacher who kills a child through material punishment under parental authority12. In su ch cases, the defence is the lack of guilty mind, regardless of the murder impact13. In view of this, Hong Kongs Mens rea as defence should be repealed to weed out chances of a mind that is not guilty employing a lethal response to milder situations14. Medical practitioners can also cite branched effect as defence against murder charges preferred against them for deaths caused in the line of duty15. By administering a bad pain reliever, for instance, the resulting diligents death cannot be completely blamed on the doctor because the patients suffering may provoke such a remedy16. The law should be repealed to specify that further when the pain is chronic pain should a physician administer lethal painkillers and evade murder charges if his or her actions result in death. The law is clear on whether marital coercion can be an act of provocation or diminishing responsibility. This was witnessed in HKSAR v NANCY ANN KISSEL FACC No 2 of 2009 case, in which, the court overruled the de fence on such grounds, arguing that alleged violence in marriage, and impending divorce fails to meet the streak for diminishing responsibility. This test should be upheld, because some victims-turned-suspected murderers may have induced their abuse by their pardner in some way17. Partial defences Murder cases are normally reduced to manslaughter through partial defence. The finding of fact on