Summary
Summary CRIMINAL LAW NOTES
- Module
- Criminal Law (LAW104)
- Institution
- Lancaster University (LU)
Summary of 1 pages for the course Criminal Law at LU (S)
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1. The crime of murder is defined as the unlawful killing of a humanbeing under the Queen's peace with intent to kill or cause serious
injury.
2. In order to be convicted of murder, the prosecution must prove
beyond reasonable doubt that:
the defendant killed the victim
the killing was unlawful
the defendant had the required intent (either an intention to kill or
an intention to cause serious injury)
3. There are two categories of murder in the UK: first-degree murder
and second-degree murder. First-degree murder is the more serious
of the two and is characterized by premeditation (planning the
murder in advance) or exceptional brutality. Second-degree murder
is all other types of murder that do not fall into the first-degree
category.
4. The sentence for murder in the UK is life imprisonment. The length
of the sentence is determined by the judge and can range from a
minimum of 15 years to a whole life order (meaning the offender will
never be released from prison).
5. There are several partial defenses to murder that may reduce the
charge to manslaughter. These include:
loss of control (also known as "temporary insanity"): the defendant
lost control due to circumstances that would cause an ordinary
person to lose control
diminished responsibility: the defendant was suffering from an
abnormality of mind that substantially impaired their mental
responsibility for their actions
suicide pact: the defendant was a party to a suicide pact with the
victim
6. There are also several special defenses to murder that may result in
an acquittal. These include:
self-defense: the defendant used reasonable force in the belief that
it was necessary to defend themselves or another person from harm
defense of property: the defendant used reasonable force in the
belief that it was necessary to protect their property from theft or
damage
prevention of crime: the defendant used reasonable force in the
belief that it was necessary to prevent a crime from being
committed.
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