Essay on "Voluntary and Involuntary Manslaughter?"

Essay 7 pages (2281 words) Sources: 3 Style: Harvard

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The burden of proof rests with the defence and cannot be raised by the trial judge. For practical purposes, the defence of diminished responsibility will rely upon the medical evidence presented at trial. The defendant has to prove three elements: an abnormality of the mind was present at the time the killing took place; the abnormality of the mind arose as a result of one of the causes specifically identified in the legislation; and the impairment was substantial enough to impact the defendant's moral responsibility.

8. Can alcoholism ever amount to diminished responsibility?

Under certain circumstances, alcoholism can amount to diminished responsibility, but in order for them to apply the alcoholism must be rather severe. First, if the alcoholism has caused such damage to the brain that a defendant's judgment or emotional responses were significantly impaired, it can be used as the basis for a diminished responsibility defence. Second, if the alcoholism has caused such significant brain damage that the drinking had become involuntary, and then alcoholism can form a basis of the defence. In other words, if one can prove that the alcoholism was so severe that it deprived a defendant of the choice whether or not to imbibe, it could be used as a defence. Moreover, there is some suggestion that not only alcoholism, but the fact of intoxication at the time the crime was committed, might be considered under the second scenario. However, the law seems clear that diminished responsibility will not attach simply because a defendant was intoxicated at the time the crime was committed, or to a defendant that had a drinking problem that was controllable under other circumstances.

9. Explain the defence of suicide pact.

The defence of suicide pact was introduced in Homicide Act 1957 § 4(1). Under Homicide Act § 4(3), a suicide pact is defined as a "common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life." The defendant must have had an intention of dying at the time that he or she entered into the pact, and cannot have entered into the pact with the intention of killing the deceased but not dying. Therefore, if someone kills another person, as part of a suicide pact, and then does not kill himself, whether because he is saved or has a change of heart, if he can establish that he was in a suicide pact with the deceased, the murder charge will be reduced to manslaughter.

10. Are the laws and guidelines in relation to prosecuting so called mercy killers fair?

It is difficult to answer a question about the laws and guidelines in relation to prosecuting so-called mercy killers are fair, because it is difficult to know whether these mercy killers are actually acting in a merciful way. The law still treats encouraging or assisting suicide as a lesser offense than murder, and there is a strong belief that those who help a family member or other loved one commit suicide will not face any type of prosecution, even for assisting in a suicide. On the contrary, so-called mercy killers in England will face the full force of the law. This distinction points to the very real difference in someone who assists the suicide of another and someone who actively takes the life of another person. While it very clear that individual motive will play a part in the decision whether or not to prosecute a mercy-killer, it can be very difficult to know someone's motive. For example, a defendant who is wholly motivated by compassion will probably continue to escape prosecution. However, in many instances, particularly when the person who has been killed is a family member, it can be difficult to unravel a defendant's motives. If a person is going to profit in some way from the death of a family member, is it possible to unravel that motive and say that it was simply compassion? Is it even possible for the defendant to unravel his or her own self-interest and know that he or she was only acting out of compassion for the loved one? Because of all of the moral issues related to allowing mercy killings, it is… READ MORE

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