HIST 3850 Lecture Notes - Lecture 3: Culpable Homicide, Actus Reus, English Criminal Law
Document Summary
Homicide: definitions and problems: jurisprudence is the basis of common law, the constitution supersedes that. It is the highest law of the land: finding balance between legislation and government can be a political issue. Authority figure acting within the course of their duty: excusable homicide is self-defence. When a defendant had retreated until they could not retreat any further, only then one can act in their own self defence: excessive force is not excusable. Great britain: definitions: special types of murder, a) murder, b) manslaughter, c) infanticide. When used with reference to civil and criminal responsibility, a person who contemplates any result, as not unlikely to follow from a deliberate act of his own, may be said to intend that result, whether he desires it not . [may be considered to be guilty of intending the intending the result even if that was not their intention: murder is a purposeful act.