TITLE:
Murder: A Critical Analysis of the Common Law Definition
AUTHORS:
Mohammad Belayet Hossain, Saida Talukder Rahi
KEYWORDS:
Murder, Actus Reus, Mens Rea, Causation, Homicide
JOURNAL NAME:
Beijing Law Review,
Vol.9 No.3,
September
21,
2018
ABSTRACT: English
Criminal law provides a range of offences that recognizes the sanctity of life
by prohibiting the unlawful killing of a human being. The generic term “homicide” covers
offences such as murder, manslaughter and causing death by dangerous driving.
What all homicides have in common is the unlawful killing of a human being;
what distinguishes them is either the state of mind of the defendant who has
caused death, or the defense available. This article shall critically analyze
the common law definition of murder in various criminal homicide cases to find
out if any concrete common law definition could be established. It will be seen
throughout this article that though criminal law throws up many exceptions to
this general proportion, there
is no fixed common law definition of murder. This article shall prompt the
question whether the legislature should rethink the forms of criminal homicide
and the judiciary reconsiders some
of the definitions of the mens rea words produced in recent years.