Defense Principles in Murder and Manslaughter Cases Essay

Defense Principles in Murder and Manslaughter Cases - Essay Example The essay "Defense Principles in Murder and Manslaughter Cases" talks about the effectiveness operation of Hong Kong's criminal law in murder 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 capital offenses cannot be proved. Unintentional killing or killing that can be partially or completely excused does not amount murder but may amount to manslaughter. The defense must present 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 former’s application of Mens rea. This was evident in House of Lords A-G’s Reference (No. 3 of 1994) ([1998] AC 245). In the case, the defense resorted to provocation and diminishing responsibility. Provocation should be more clearly defined to shade more light on 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 mind. 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 under complete defense. These have led many defendants to be acquitted of the murder charges they face. Other exceptional cases in which a â€Å"guilty mind† is not proved may attract complete defense.... Killings resulting from self-defence 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 â€Å"guilty mind† is not proved may attract complete defence:11 for example, a teacher who kills a child through corporal punishment under parental authority12. In such cases, the defence is the lack of â€Å"guilty mind,† regardless of the murder impact13. In view of this, Hong Kong’s Mens rea as defence should be repealed to weed out chances of a mind that is not guilty employing a lethal response to milder situations14.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 double effect as defence against murder charges preferred against them for deaths caused in the line of duty15. By administering a poisonous pain reliever, for instance, the resulting patient’s death cannot be completely blamed on the doctor because the patient’s suffering may provoke such a remedy16. The law should be repealed to specify that only 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 defence on such grounds, arguing that alleged violence in marriage, and impending divorce fails to meet the test for diminishing responsibility. This test should be upheld, because some victims-turned-suspected murderers may have induced their abuse by their partner in some way17. Partial defences Murder cases are normally reduced to manslaughter through partial defence. The verdict on

Speech Topic Essay Example | Topics and Well Written Essays - 750 words

Speech Topic - Essay Example Hanson (2012) research explains that marijuana is a special drug that gives people the motivation to perform better. The drug has the power to boost the confidence of people and make them achieve their goals. So it acts as a good source of motivation for people who are generally shy or finding it hard to cope up at work place. The audience needs to be informed about this so that they know the wonders it can do to people in work place. Not only does it motivate people but it also makes them feel happy and contented with their life as researched by Steve (2011). The audience must be informed that marijuana does not harm any organ of the body in fact the drug has the ability to make cheer people up. The ancient Hindus used marijuana for the very purpose of cheering themselves and scientists believe that the drug contains ingredients that could make a person self-relieved and contented in pressure situations (Steve, 2011). To make a shift from informative to persuasive the speech has to be more convincing to persuade the audience in realizing that it is not only harmless but also useful to legalize marijuana. One way to do this is by giving evidence as suggested by Earleywine (2007). The cost of prohibiting marijuana alone mounts up to 8 billion US dollars each year. The government of the US has been unsuccessful in prohibiting its use and there is no record of the unnecessary money spent on it. If the government cannot stop the drug from entering the streets and consumer drug market then there is no point in placing restrictions and spending millions of dollars on it. It would be much better if people are left with the choice of consuming it as it would not only save government some fair amount of money but it would also give people their free right of choosing a product that is considered harmless when used intelligently. Furthermore it is also