Criminal Law - Murder
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- Опубліковано 27 лип 2024
- The definition of murder comes from Sir Edward Coke in Institutes of the Lawes of England (1628):
“Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the king’s peace, with malice aforethought, either expressed by the party or implied by law, [so as the party wounded, or hurt etc. die of the wound or hurt, etc. within a year and a day after the same].”
The first part deals with a person being of sound mind and therefore covers issues such as insanity under the M'Naghten (1843) rules as well as diminished responsibility under s. 2 of the Homicide Act 1957. The age of criminal responsibility in England and Wales is 10 years old.
Unlawfully killing excuse defendants who have a lawful excuse for their actions such as actin in self-defence.
Within any county has been greatly expanded to cover all murders committed by British citizens (s. 9 Offences Against the Person Act 1861; s. 3 British Nationality Act 1948) and can even cover non-British citizens under s. 4 Suppression of Terrorism Act 1978.
The victim must be in existence and this can be controversial in areas where the start of life is concerned. The foetus is not seen as being in existence and therefore falls under other offences such as under the Infant Life (Preservation) Act 1929. The baby must have independent existence and be fully expelled from the mother (Poulton (1832)) but does not necessarily have to have the umbilical cord cut yet (Reeves (1839)). Under Article 2 of the European Convention on Human Rights this issue is left to the states under the mar
Thank you marcuscleaver. Finally nailed down Lord Coke's date. A cursory look gave 1797, which was presumably a restatement? Your clips are a great help to the independent candidate. Paper 1 in 6 days!
Marcus, thanks for your clarity again - you just cut through the waffle and give me what I need for my essays. I reference you all the time in my work !
I love to hear that!
Marcus, you are amazing! Thank you so very much for taking the time and effort to do this. God bless you!
You always have outclass videos. The notes i make from your videos save me big time in every class. Thanks a lot.
Your videos are always very good. Simply to follow and understand. Keep up the good work.
That is so kind of you to say!!
This is wonderful, thank you so much
I was exactly looking for the 'reform' bit. YOU ARE THE BEST!!!!! Can you please do some videos on the best ways for essay writing, reports, opinion sheets, letters and things like that? Not Enlish-wise. Law-wise we'd really need them.
As always....An amazing lecture........just looked for one on not fatal offences though and cant see one!? .....I'm not sure what I'd do without them though! You have an amazing talent, and it's so kind of you to offer it freely to others in order to help them! .....You will definitely go to heaven! :-) x
non fatal sorry lol
I love your videos, thank you!
Thank you for such a lovely comment!
As always your explanations are spot on! Next topics for me Criminal and Contact 🌍
Simply great! Thank you.
Francis Powell excellent lecture. Really appreciate your to the point presentation
Very good lecture. Thank you
Very good-- can you make Sample of cases to Resolve how to brief case and Juris decision like this
can a defendant who has witnessed an accident but decides to call emergency services a hour and half later be held liable??
According to R v Miller if you find not create the fire you are not liable for omission
Thank you Marcus for your videos. Could you please cover manslaughter as well. Thanks
+Shephra Ramah Coming up very soon I promise!
thank you Marcus. You are the best.
Nice
WTH I am not sleeping tonight Someone is gone set my house on fire just a thought?
Marcus i think Woollin was [1999] not [1985]
That sounds right to me, good spot! ;)
you the best
u saved my lyfe
Are the laws different
I apologize
Not freekin wrking
OP looks like Ian Brady 😅
I dont make videos