Jeremy Horder, Provocation and Responsibility - PhilPapers.
Should the partial defence of provocation to murder be reformed? If so, why and how? If not, why not? affect the gravity of the provocation but not in the assessment of whether a reasonable man would have reacted in the same way as the defendant.5 This essay is divided into four sections: (1) Three Theories Underlying Provocation; (2) Issues of Provocation as a Partial Defence in Hong Kong; (3.
Provocation is a common law and a partial defence to a charge of murder. Provoked killings have long been thought to be less serious than unprovoked killings. Historically, it was available in limited circumstances such as where defendant vindicated his personal honour by killing his offender. As Willson suggests: “it was considered the natural response of an honourable man, and certainly.
Edmund-Davies Professor of Criminal Law at King’s College London, Jeremy Horder was the Porjes Trust Law Fellow at Worcester College, Oxford from 1989-2005, and a Law Commissioner from 2005-2010. At the Law Commission he led law reform projects resulting in recommendations that led to changes in the law of inchoate offences through the Serious Crime Act 2007, changes to the law of murder in.
Criticisms and reforms or murder and manslaughter Despite recent reforms on the law of murder and voluntary manslaughter; including the special defence of diminished responsibility and loss of control, there are still inconsistencies present making the law unsatisfactory.
Jeremy Horder is Edmund-Davies Professor of Criminal Law at King's College London, and a door tenant at 25 Bedford Row. He is an Honorary Bencher of the Middle Temple, and an Emeritus Fellow of Worcester College, Oxford. He was a Law Commissioner for England and Wales from 2005-2010. His previous books with OUP include.
The defence of provocation and diminished responsibility are both considered to be partial defences, meaning these defences are not likely to lead to an acquittal of a crime but can reduce the sentence given as through these defences a murder trial may only see a culpable homicide conviction. The defence of provocation in assault cases is considered a full defence by Hume and Macdonald this.