Reforming English homicide law : fair labelling questions and comparative answers

Gibson, Matthew and Reed, Alan (2018) Reforming English homicide law : fair labelling questions and comparative answers. In: Homicide in Criminal Law : A Research Companion. Substantive Issues in Criminal Law . Routledge, Abingdon, pp. 37-61. ISBN 9781138498419, 9780367586577, 9781351016315

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Abstract

Domestic criminal lawyers have become accustomed to the often slow pace of reform in their discipline. In the context of English homicide law, this pace has stalled completely following the Law Commission's 2006 publication of recommendations for a new 'ladder' of homicide offences. In homicide literature, the expression 'fair labelling' has become a familiar rhetorical device – it is regularly invoked to support normative claims regarding how best to define murder and involuntary manslaughter. The main crimes under involuntary manslaughter are unlawful act manslaughter (UAM), gross negligence manslaughter (GNM) and reckless manslaughter (RM). Inculpation for reckless manslaughter has been affirmed where the individual actor is subjectively reckless in consciously adverting to the risk of serious injury. The English Law Commission in their final report on homicide law reform recommended the adoption of a three-tier structure of general homicide offences to replace the extant bifurcation of 'murder' and 'manslaughter'.

Item Type:	Book Section
Subjects:	M100 Law by area M200 Law by Topic M900 Other in Law
Department:	Faculties > Business and Law > Northumbria Law School
Depositing User:	Ellen Cole
Date Deposited:	18 Oct 2018 14:56
Last Modified:	18 Oct 2021 15:11
URI:	http://nrl.northumbria.ac.uk/id/eprint/36366

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