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Homicide reform could leave vulnerable defendants at the mercy of the law

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Wednesday 27 March 2024 18:53 GMT
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The current three-tiered system for homicide cases in the US often struggles with defendants who suffer from mental health disorders
The current three-tiered system for homicide cases in the US often struggles with defendants who suffer from mental health disorders (Getty)

While calls to reform current homicide laws in the wake of the Valdo Calocane attacks reflect public discontent with the prosecution of individuals in high-profile cases such as this, it is vital that clarity is established as to how a three-tiered system would function in terms of sentencing – particularly in cases where partial defence applies.

Currently, the distinction between murder and manslaughter is relatively clear – however, should the framework around homicide cases change, proving the difference between first and second-degree murder may become a challenge, particularly when there is a mental health consideration.

It is important to note that the current three-tiered system for homicide cases in the US often struggles to grapple with the complexity of defendants with mental health disorders, and it is vital to ensure that any attempts to reform existing legislation in the UK are handled with extreme care to protect vulnerable defendants.

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