Homicide Essay Example | Topics and Well Written Essays - 2000 words

Homicide - Essay Example However, Daly and Wilson state ‘we lose the conceptual unity of intention that was the rationale for including attempted murders by defining homicide in this way’ (1988:14). Richards (1999) provides a clearer definition of homicide and refers to it as the interpersonal assaults and other acts directed against another person (e.g. poisoning) that occur outside the context of warfare, which prove fatal. This definition is supported by The Law Commission (TLC) who indicate homicide as ‘the unlawful killing of a human being by another human being’ (2005: 3). Homicide offences include murder, manslaughter and infanticide. In England and Wales, the structure of law concerning homicide centres on two broad offences; murder and manslaughter (TLC, 2005). Murder is classed as the most serious form of homicide, and has traditionally been associated with pre-meditated thought on the part of the perpetrator. However, TLC (2005) states that there doesn’t have to be an intention to kill or even a pre-meditated intention to kill to class a person guilty of committing murder. The Homicide Act (1957) introduced the concept of conviction for manslaughter and a person can be convicted of committing manslaughter rather than murder if they intentionally kill a person as a result of losing self-control through being provoked or if a ‘reasonable person’ would have reacted in the same way. ... nlawful killings whose offender intended to cause harm unlawful killings whose offender realised their actions involved unjustified risk of causing death but went ahead with their actions offender provoked, diminished responsibility or duress Manslaughter Comprises unlawful killings where the offender ; kills through conduct that is gross neglect (involuntary) kills though intending to cause harm (voluntary) How is Homicide Reported by Police Statistics? Richards (1999) claims that homicide is one of the few crimes that really get under-reported, and so homicide rates reasonably provide accurate measures of crime levels. However, it is also important to note that how government data counts homicide rates varies between Scotland and England and Wales. In Scotland for example, a single offence is counted for each act of homicide, regardless of the number of victims or offenders, e.g. Lockerbie in 1988 is closed as one act of homicide, rather than 270. In England and Wales however, each act of homicide is counted as an individual act. Richards (1999) also notes that a homicide case is generally presented in official statistics in the year in which the police record it. This however isn’t always the year in which the crime in committed, or when the accused is brought to trial, or when the suspect is either found guilty or innocent of homicide. During the past 50 years Parliament has barely touched the law of murder (TLC, 2005). The irregularity that exists in the way a person is convicted (as either murder or manslaughter) has resulted in seriously flawed homicide laws, which lack proper structure to convict people appropriately. However, police statistics relating to homicide rates do provide a number of useful information. For example, they let us measure murder and