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Law of muder criticised
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... The definition of murder does not appear in a statute, but is part of common law where a person causes the death of a human being with malice aforethought within three years of that person’s last voluntary act. ... One of the criticisms of the law of murder is the lack of certainty in law due to a lack of precise detail in the definition of death.
Death used to have to occur within a year and a day of the defendant’s last voluntary act but the Law Reform act of 1996 abolished this rule due to advanced technology such as life support machines. ... The other type of intention is oblique intention which has developed through case law and is complex in development. ...
There are several criticisms of the law of murder. ... This has been criticised because people believe that the term murder should be reserved for the most blameworthy people. ...
The Law reform commission has said that a clearer definition of intention is needed. ... It would take away the question of evidence and would form part of substantive law. ... Even though there are a lot of criticisms and suggested reforms for the law of murder it is still a fairly effective area of law.
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Paper Information
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Title: Law of muder criticised
Words: 1559
Rating: None
Pages: 6.2
submitted by: Cliz15
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