Murder: A Critical Analysis of the Common Law Definition

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.