Murder is generally regarded as the most serious crime (apart perhaps from treason) in England and Wales, yet it has not been defined by statute. Anyone of sound memory and of the age of discretion can commit murder, but a corporation or other organization cannot be tried for murder because it cannot be sentenced to life imprisonment, the only penalty allowed by law. This chapter discusses the offence of murder, who can commit murder, where it can be committed, who can be the victim and whether killing a foetus/child in the womb or in the process of leaving the womb is murder. It also examines whether a dead person is capable of being murdered, unlawful killing as an important element of murder, the mens rea of murder or ‘malice aforethought’, constructive malice, the sentence for murder and the Law Commission’s proposed reforms for the offence of murder.
Chapter
12. Murder
David Ormerod and Karl Laird
Chapter
7. The Criminal Justice System
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines the criminal justice system (CJS). The CJS is built upon procedural, evidential, and substantive foundations. These foundations dictate its direction and progression. A case will always begin with an investigation by the police or some other investigatory body. An individual may then be charged with an offence where he/she is provided with the option of pleading guilty or not guilty. Trial may follow. Where the defendant’s case will be tried depends on the type of offence in question and, in some cases, the decision of the defendant. A convicted person may appeal against either conviction or sentence for which the defendant will be required to prove why they either should not have been convicted, or why their sentence should be reduced.
Chapter
12. Murder
Murder is generally regarded as the most serious crime (apart perhaps from treason) in England and Wales, yet it has not been defined by statute. This chapter discusses the offence of murder, who can commit murder, where it can be committed, who can be the victim, and whether killing a foetus/child in the womb or in the process of leaving the womb is murder. It also examines whether a dead person is capable of being murdered, unlawful killing as an important element of murder, the mens rea of murder or ‘malice aforethought’, constructive malice, the sentence for murder, and the Law Commission’s proposed reforms for the offence of murder.
