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Перевод: manslaughter
[существительное] человекоубийство; простое убийство; непредумышленное убийство; умерщвление; убийство [существительное]
Тезаурус:
- (c) Manslaughter by Omission
- BASTIA, Corsica (Reuter) - After 11 years of deliberations, a court has ordered the pretender to the Italian throne to stand trial for manslaughter in the shooting of a German youth.
- The Criminal Law Revision Committee disagreed, recommending that a verdict of manslaughter should be possible where the use of some force was justified by the occasion and where D honestly believed that the force he used was reasonable in the circumstances.
- Although there are two offences, murder and manslaughter, the latter includes two distinct varieties: "voluntary" manslaughter (killings which would be murder but for the existence of defined extenuating circumstances); and "involuntary" manslaughter (killings for which there is no need to prove any awareness of the risk of death being caused, but for which there is thought to be sufficient fault to justify criminal liability).
- If there is no workable defence of insanity, it is surely wrong to convict a grossly disordered killer of murder when the less stigmatic offence of manslaughter is at hand.
- But this argument will seem less persuasive when we have discussed cases of manslaughter by reason of diminished responsibility: where a murder is reduced to manslaughter, the judge has a wide sentencing discretion and may, according to the facts of the case, select a determinate prison sentence, a hospital order, or life imprisonment.
- It therefore follows that, if the courts have indeed replaced manslaughter by gross negligence with manslaughter by recklessness, they have narrowed the law slightly.
- Three reasons may be advanced for labelling these cases as manslaughter rather than murder.
- The English law of manslaughter exhibits a tension between various principles of fairness to the defendant and the significance of the harm caused.
- Where a clear case of mercy killing emerges in practice, the usual response is that "legal and medical consciences are stretched to bring about a verdict of manslaughter by diminished responsibility".
- The Criminal Law Revision Committee recommended that killings in pursuance of a suicide pact should be a separate offence, on the ground that the stigma and maximum penalty for manslaughter are inappropriate in these cases.
- If the Caldwell test of recklessness does indeed apply, then this form of omissions liability could be assimilated within the general doctrine of manslaughter by recklessness.
- This still falls well short of supporting the English law of manslaughter, where the "unlawful act" doctrine allows a manslaughter conviction if death results from a mere assault or battery.
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