Prevocational Law

PREVOCATIONAL LAW
Name:
Course:
Date:
The defense of provocation has been part of the defense in murder cases for quite some time. It was part of the special defense which in the United Kingdom was contained in the Homicide Act of the year 1957 and appeared alongside diminished responsibility as well as suicide pact. The reason as to why they would be referred to as the special defenses, is that they only came into action relative to law of murder. At the same time they were also referred to as the partial defenses. The reason for this reference was based on the fact, they would not be used as a complete defense against the murder charges but rather, they partially reduced the murder charges to manslaughter. Ideally the defendant was considered to have the mens rea, which basically implied that they must have had the intention to commit murder, which is why they did. In some cases, the defendant may have committed the act without the intent to do the same, in this case they are said to have committed involuntary manslaughter. Relative section 3 of the Homicide Act of 1957 in the UK law, there are some requirements that have to be met before the defendant can full claim the defense of provocation. One is that the defendant must have been provoked to the point where they lost control and the evidence of the said provocation must be produced. The provocation in question, must also have the threshold that would make any other man to lose their control and do what the defendant did. The element provocation was later repealed through the Coroners and Justice Act 2009. It was replaced by the defense of Loss of Control under S. 54, however all the murder cases coming before 4th of October 2010 are still considered under the provocation law. In this case the, there are refined conditions such as, loss of control does not have to be sudden, sexual infidelity is not considered as a trigger, as triggers must be related to the fear of violence from the diseased or from their action or words. If the trigger is related to things said or done, then the circumstances must have been of grave character or the defendant must have had justifiable sense of being wronged.[. Bandalli, Susan Lorraine. "Women, Spousal Homicide and the Doctrine of Provocation in English Criminal Law." Order No. MM84200, York University (Canada), 1993. In PROQUESTMS ProQuest Dissertations & Theses Global, http://search.proquest.com/docview/304078998?accountid=14771.] [. Nourse, Victoria. "Passion's Progress: Modern Law Reform and the Provocation Defense." The Yale Law Journal 106, no. 5 (03, 1997): 1331-448, http://search.proquest.com/docview/198472158?accountid=14771.] [. Guides.sl.nsw.gov.au, 'Provocation As Defence To Murder - Crime: HSC Legal Studies - Research Guides At State Library Of New South Wales', last modified 2015, accessed October 19, 2015, http://guides.sl.nsw.gov.au/content.php?pid=242813&sid=3924375.] [. Dyer, Clare. "Law on Provocation in Killings a Mess." The Guardian, Oct 31, 2003. 11, http://search.proquest.com/docview/246043891?accountid=14771.] [. O'Hanlon, Kate. "Law Report: Relevance to Provocation of Characteristics of the Accused." The Independent, Oct 04, 2000. 12, http://search.proquest.com/docview/31175...