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  • Can You Commit Murder Without Any Legal Consequences? 🗡️

  • PLUS: Citizen Science, Fungi as Architects, and Mathematics of Board Games 🧩

LAW

Can You Commit Murder Without Any Legal Consequences? 🗡

Does this have to be you if you commit murder?

If you murdered someone, is it possible to avoid going to prison? In short, yes, but only in very specific circumstances. These defences can be full or partial. Full defences will completely acquit you of the crime, while a partial defence will only reduce it, e.g. from murder to manslaughter.

💡 Things to consider

  • Self-Defence: Under s76 of the Criminal Justice and Immigration Act 2008, you can use force in self-defence if it was reasonable in the circumstances as you believed them to be. This blends a subjective element (your own perception of the threat) with an objective requirement (whether a reasonable person would agree). However, if you provoked the confrontation, then the defence is unavailable. In the case of R v Keane [2010] EWCA 2514, D, who had acted aggressively and taunted a bystander, couldn’t rely on self-defence when D then punched them as he was the initial aggressor. The law also distinguishes between domestic and non-domestic settings. Outside the home, force must not be disproportionate, but inside it (under s76(5A) and s76(6)), it must not be grossly disproportionate. This higher threshold reflects the special importance of personal safety inside your own home. Do you think this distinction is justified?

    …or else my self defence has to be grossly disproportionate, which gives me a bit more wiggle room if I murder anyone…

  • Loss of Control and Diminished Responsibility: These are both partial defences. Under s54(1) of the Coroners and Justice Act 2009, loss of control applies where a defendant lost control due to a ‘qualifying trigger’ (fear or anger) and a person of the defendant’s age and sex with normal restraint would have reacted similarly. Under s2 of the Homicide Act 1957, diminished responsibility applies where D suffered an abnormality of mental function arising from a recognised medical condition that substantially impaired their ability to understand the nature of their conduct, form rational judgement, and/or exercise self-control. Both defences recognise that human behaviour is not always rational, but they stop short of a full acquittal. Do you think they should go further?

    #losingcontrol

  • Capacity: Not everyone who causes harm acts with full culpability. England and Wales set the minimum age of criminal responsibility at 10 years old (Children and Young Persons Act 1933), which is on the lower end in the western world. The subsequent removal of the doli incapax (or ‘incapable of wrongdoing’) rebuttable presumption for children aged 10-14 by the Crime and Disorder Act 1998 draws a rigid line where developmental maturity demands flexibility. Intoxication, on the other hand, is more nuanced. Following DPP v Majewski [1977] AC 443, voluntary intoxication cannot excuse crimes of basic intent (where the act is itself enough to establish guilt, e.g. manslaughter), but it can excuse crimes of specific intent (where there must be a specific intent to reach a certain outcome, e.g. murder). Another facet of capacity is insanity, the rules for which were established in M’Naghten [1843] UKHL J16. A defendant must show a defect of reason caused by a ‘disease of the mind’, creating an inability to understand both the nature of their actions and that they are legally wrongful (not merely morally wrongful). Referring to insanity as a "disease of the mind" does not reflect modern psychiatric language and fails to distinguish between mental illnesses and biological illnesses (e.g. a brain tumour). How do you think this test could be improved?

    “I’m just a kid!”

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