PROVOCATION AS A DEFENCE OF THE CRIME OF MURDER UNDER CRIMINAL AND ISLAMIC LAW

  • Type: Project
  • Department: Law
  • Project ID: LAW0244
  • Access Fee: ₦5,000 ($14)
  • Pages: 113 Pages
  • Format: Microsoft Word
  • Views: 867
  • Report This work

For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853
ABSTRACT
In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary(or intentional)manslaughter.
For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the time of the killing(the subjective test)and that this was the result of wrongful conduct serious enough to provoke an ordinary or reasonable person(the objective test.
If there is no evidence to support a finding of provocation, the defence will fail, whether the accused lost her self-control or not. Moreover, even if the victim’s conduct was such as to amount to provocation in law, the defence cannot be relied upon if evidence shows that the accused did not lose self-control as a result. Determining the threshold of legal provocation presupposes a moral judgment about what sort of offensive conduct is capable of arousing in a person such a degree of justified anger or indignation that might defeat her capacity for self control.
Although legal wrongdoings of a significant nature should for the most part provide a sufficient basis for the defence, non-legal, moral wrongdoings may also be considered serious enough to pass the threshold of provocation in law. Over this threshold, provocations may vary from the less serious ones(e.g. verbal provocations)to those involving very serious wrong doings (e.g. provocations involving physical violence. Provocations involving different forms and degrees of wrongdoing may equally support a partial defence to murder, provided that the requirement of loss of self-control is also satisfied.
In recent years some Islamist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria, have reintroduced Islamic law in place of Western criminal codes. This was after the abolition of Islamic criminal law in the nineteenth and twentieth centuries. Previously, during the pre-modern period, Islamic criminal law was applied across the Muslim world, and there are many examples of that application in the abundant archives and other sources of the period.
This research work is aimed at analyzing provocation as a defence to murder under criminal and Islamic law.

PROVOCATION AS A DEFENCE OF THE CRIME OF MURDER UNDER CRIMINAL AND ISLAMIC LAW
For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

Share This
  • Type: Project
  • Department: Law
  • Project ID: LAW0244
  • Access Fee: ₦5,000 ($14)
  • Pages: 113 Pages
  • Format: Microsoft Word
  • Views: 867
Payment Instruction
Bank payment for Nigerians, Make a payment of ₦ 5,000 to

Bank GTBANK
gtbank
Account Name Obiaks Business Venture
Account Number 0211074565

Bitcoin: Make a payment of 0.0005 to

Bitcoin(Btc)

btc wallet
Copy to clipboard Copy text

500
Leave a comment...

    Details

    Type Project
    Department Law
    Project ID LAW0244
    Fee ₦5,000 ($14)
    No of Pages 113 Pages
    Format Microsoft Word

    Related Works

    ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is... Continue Reading
    • Type:Project
    • ID:LAW0233
    • Department:Law
    • Pages:123
    ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is... Continue Reading
    ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is... Continue Reading
    • Type:Project
    • ID:LAW0594
    • Department:Law
    • Pages:123
    ABSTRACT mso-ansi-language:EN-US'>Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law... Continue Reading
    ABSTRACT Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon... Continue Reading
    • Type:Project
    • ID:LAW0177
    • Department:Law
    • Pages:137
    Provocation As A Defence To Criminal Liability Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
    ABSTRACT Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon... Continue Reading
    • Type:Project
    • ID:LAW0278
    • Department:Law
    • Pages:137
    Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
    ABSTRACT  One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment.... Continue Reading
    • Type:Project
    • ID:LAW0585
    • Department:Law
    • Pages:165
    ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The... Continue Reading
    • Type:Project
    • ID:LAW0214
    • Department:Law
    • Pages:165
    Call Us
    Get this work
    whatsappWhatsApp Us