Reform of the Law of Homicide

Abstract

In common law systems complex and in some cases unduly harsh relating to homicide have evolved. Issues concerned with the Mens rea of homicide still remain unresolved, and the development of constructive murder and manslaughter continues to raise troublesome legal and ethical issues. An argument is here advanced for a radical simplification of the law which would confine criminal liability for causing death to cases where the accused intends or foresees death. An additional argument is made for the abolition of the fixed penalty for murder in order to effect a further simplification by making it unnecessary to provide for partial defences such as provocation and diminished responsibility.