Unlawful Murder Essay

Improved Essays
“Unlawful homicide is a social construct”
In the United Kingdom (UK) homicide is a serious offence (Ioannou and Hammond, 2015), and have risen by 24 percent in 2014/15 (ONS, 2016). According to Ioannou and Hammond (2015), homicide is a violent crime when one human ends another’s life and can be seen as lawful, where state justifies killings, and unlawful, where killings are criminalised. Unlawful killing can divided into murder, infanticide and manslaughter (Ioannou and Hammond, 2015). Manslaughter is categories into voluntary, where an offender knowingly causing a death to another human being, and involuntary, when death occur as an accident or as a result of recklessness (Ioannou and Hammond, 2015). However, it has to be pointed out that
…show more content…
This effectively made the state concentrate on the crime control by criminalising some behaviours (Williams, 2012), that led to construction of legal acts and legislations (Haralambos et al, 2008), which help to maintain cultural biases or social prejudice (Polizzi, 2016). Agreeably, Durkheim argues that in order to keep people protected society holds social bonds that unites one with other through labour or in many different forms (Cavadino et al., 2013), arguably making the police is seen as one of the important bonds in the society (Council of Europe, 1997). Indeed, the Council of Europe (1997), stating that actions of the police are directed to protect society’s interests which have been performed by …show more content…
In the inquest of Ian Tomlinson’s death the police officer claimed that his actions were in self-defence and he genuinely believed that the victim, who was walking away with his hands in pockets, was posing “risk or unknown risk” (IPCC, 2010, p. 104), by displaying hostility and refusing to move away. As a result the police officer felt the need to inflict force on the victim which was justified by claiming that it was “a mere gesture” (p.108), reasonable and not unjust (IPCC, 2010). However, the inquest into Ian Tomlinson death disputed this clam (IPCC, 2010). According to independent valuation of the force that have been inflicted by the police officer on Ian Tomlinson it have been stated that police officer’s both hills were raised from the ground and the push was with all his body weight that is was forceful and unjust (IPCC, 2010). Furthermore, it have been pointed out that police officer did not assessed or search Ian Tomlinson to establish the presumed risk and that the victim was walking away from the cordon tactics with his back turned to the police officer which indicated that he already complied with the order to keep moving (IPCC, 2010), therefore not posing any threat. This arguably demonstrates that police officer did not have a genuine believe of imminent threat that could justify his force in self-defence that led to death of the victim (CJIA,

Related Documents

  • Great Essays

    Hendrickson et al defines the problem of police brutality in relation to the maltreatment of a suspect in custody. In 2010, Michael Kingsley was allegedly assaulted by five police officers was held face-down in a holding cell, and then shot with a “stun gun” for a period of vive seconds. After this event, the police left Kingsley to suffer in pain for 15 minutes before providing assistance to the stunned suspect. Kingsley sued the five police officers in court, which defines the context of Kingsley v. Hendrickson et al as a pretext to find reckless disregard in the police officer’s intentions. However, Kinsley lost the court case because he could not prove the “subjective” intent of the officers for intentionally malicious purposes, yet instead, he argued for the “objective” context of his confinement.…

    • 1354 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Director of Public Prosecution v Orum [1989] 1 W.L.R. 88 Introduction This case deals with the controversy of interpretation of section 5 and whether police officers can be included as people within the act. By assessing the judge’s decision on how it impacts various aspects of society, it enlightens how the relationship between the police and public is misconstrued. Facts of the case The defendant, Orum was in a confrontation with his girlfriend just after midnight.…

    • 940 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Serial Killers Essay

    • 1038 Words
    • 5 Pages
    • 6 Works Cited

    A lot of people want to blame the parents of the offenders, asking “what did you turn your child into?” 36% of serial killers were physically abused, 26% were sexually abused, and 50% were psychologically abused (Mitchell and Aamodt 45). Many people have logically come to the conclusion that just because someone is abused, it does not mean that they will become a serial killer; or even a murderer; which is true. In the general population (people who have never committed murder) only 6% are physically abused, 3% are sexually abused, and 2% are psychologically abused (Mitchell and Aamodt 45). The dramatic difference of abuse frequency between people who are serial killers and people who are not seems evident enough to support that serial killers are created.…

    • 1038 Words
    • 5 Pages
    • 6 Works Cited
    Superior Essays
  • Decent Essays

    II. Did the police think they were out match by just one guy inside a building? III. Did the police think they could calm him by negotiating with him to see what is the problem and not use it? IV.…

    • 796 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    After reviewing the Greenfield Police footage related to the officer who jumped into the suspect’s car. There were a few things I noticed that could have helped changed the outcome of the situation. In this report I will talk about the use of force, and was the officer correct on what he decided to use. Go over the mistakes that the officer made, and how I would have handled it. The officer’s choice to search the car, and the fallow through steps that I would have taken to normalize the scene.…

    • 855 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Morton Grove woman 21-year-old Xin Zeng, has been charged with attempted first-degree murder. Responders found a newborn baby boy in a plastic bag that had been tied closed with a towel wrapped around it, underneath a pile of towels in the bathroom, Yaras said. Police said Zeng is a college student and lives with her parents, who were out of the country when the baby was born. Zeng is being held in Cook County Jail on $10 million on a charge of attempted first-degree murder.…

    • 396 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Montana Force Analysis

    • 2409 Words
    • 10 Pages

    Use of force is a daily occurrence in the police world but the level chosen is not always the correct one. Police have split seconds to decide or it could be there life on the line. In this paper I am going to discuss the difference in use of force at the state level of Montana and the local level of Missoula located in Montana. Before the comparison and analysis begins, here from the Federal level, is the definition on use of force that I think is important to point out when talking about this topic. “The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.…

    • 2409 Words
    • 10 Pages
    Great Essays
  • Great Essays

    Police Force

    • 1630 Words
    • 7 Pages

    In the early 20th century there was no accountability held to police for excessive used of force, which in many cases lead to death (Baker 2010, pp.161-162). Nowadays the heavy scrutiny applied to police by society attempts to ensure that the use of force by police is used as an absolute last resort. Today force is used by police under the most mitigating of circumstances, situations whereby there is a necessity for the use of a weapon of some kind to apprehend a suspected offender from harming members of the community, the officer or themselves. This is stated in the Crimes Act 1958 (Vic) s.462A which states, “a person may use such force not disproportionate to the objective as he believes on reasonable grounds to be necessary to prevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence.” And Crimes Act 1958 (Vic) s.463B which states, “every person is justified in using such force as may reasonably be necessary to prevent the commission of suicide or of any act which he believes on reasonable grounds would, if committed, amount to suicide.”…

    • 1630 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The criminal justice system often is examined using political, organizational, or sociological approaches [or lenses] (Pollock, 2010). Asking [simply] whether something is legal [or illegal]…is not necessarily the same question as asking whether something is right [or wrong] (Pollock, 2010). The term “ethics” or “ethical” refers to something “being in accordance with the accepted principles of right and wrong that govern the conduct of a profession.” In the case of police officers, use of discretion, or a lack thereof, in the application of force has direct ethical consequences to which the objectivity of the police officer on scene is subjugated by the subjectivity of a review board after the fact. Actors at every stage in the justice process…

    • 825 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Tomlinson’s Death, BBC News)” The problem that arises, and what makes people skeptical about the incident, is that Tomlinson did nothing wrong. He was not even addressing the officer at all when he was ravaged by the cop. To make this vile story worse, days later more witnesses came forward with imperative information, “Other witnesses come forward to claim Mr Tomlinson was also hit by police in the minutes leading up to when the footage was filmed.(Ian Tomlinson’s Death, BBC News).” Even with these newly discovered testimonies, the offending officer, Simon Harwood, is not charged with the murder, but worse, not charged with any wrongdoing at all.…

    • 534 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    1. Although criminal justice requires the correct label to be attached to the defendant’s misconduct, the wide scope of behaviour covered by the Homicide Act 1957 often results in the unfair, and thus harsh, labelling of offenders. This essay will sought to prove that the law of homicide is often too harsh in its assignation of labels to those who cause the death of others, by concentrating on the examples of murder with oblique intent, involuntary manslaughter and the partial defence of infanticide. It will conclude by determining the extent to which the existing law assigns the correct labels to those who commit a homicide, and whether there is thus a need for reform within the law.…

    • 1445 Words
    • 6 Pages
    Great Essays
  • Great Essays

    R V Mulvihill Case Study

    • 852 Words
    • 4 Pages

    • Causation- The conclusion of the autopsy of Ms Yeo’s death determined that the cause of death was a direct result of either one or a combination of the two penetrating stab wounds. CIRCUMSTANCES- Paul Mulvihill and Rachelle Yeo had been in a relationship, which Yeo had ended. However, in the proceeding months, Yeo’s family, and her employer, became progressively perturbed for her safety from Mulvihill and…

    • 852 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    Discuss the main ways in which police officers are personally held accountable for abuses of power. Are these measures effective? Police accountability has been a widely discussed issue from the very beginning of its official establishment under the Metropolitan Police Act 1829. Through the years public trust has been of great importance, as the public is one of the main groups, which the police is accountable to. In this essay, we will focus on accountability on an individual level rather than on an institutional level.…

    • 1624 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Criminal Homicide Essay

    • 752 Words
    • 4 Pages

    Homicide is the killing of a human being by another human being. In old common law, the only type of homicide recognized was murder. Today, U.S. law makes many distinctions between each type of homicide, classifying them as justifiable, excusable, or criminal, and gives varying degrees of seriousness to each type. Where criminal homicide is concerned, it can further be broken down into murder, manslaughter, and negligent homicide. Each subset of criminal homicide has several elements and characteristics that distinguish one from another.…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Self-defence On the 4th of April, 2016, a matter was heard in the Supreme Court regarding Nicolas Blyton and the co-accused, Tim Cairns, charged with the murder of Blyton’s father. The key legal issue that was addressed during the trial was the commonly invoked ground for the use of defensive force, self-defence. The relevant provisions of the Criminal Code 1899 (QLD) (‘The Code’) establishes a defence of self-defence covering the relevant circumstances in which the use of force can be used. In regards to the case at hand, s271 stipulates the use of self-defence against an unprovoked assault.…

    • 1530 Words
    • 6 Pages
    Great Essays