인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
This research studies the common law model of homicide offence and the reform of homicide law in Korea. Korean Criminal Code knows no distinction of murder and manslaughter, as such in common law tradition. According to the section 250 of the Code, judge has discretionary power to impose from suspended sentence to death penalty. As a way of rationalization of criminal law, it has been proposed that single offence of homicide should be separated into the offences of murder and manslaughter.
According to the Model Penal Code, criminal homicide is murder, manslaughter or negligent homicide. When homicide is committed purposely or knowingly, or recklessly with extreme indifference to the value of human life, is constitutes murder. When committed recklessly, or with diminished responsibility, it constitutes manslaughter.
In English criminal law, murder is defined as the unlawful killing of a human being with malice aforethought. Voluntary manslaughter means that the accused had mens rea of murder, but has a defence. Involuntary manslaughter has two forms of gross negligence and constructive manslaughter.
In common law tradition, the structure of murder/manslaughter was influenced by the decision to separate capital murders from non-capital murders. It has been developed to give more discretion to judges, who impose sentences to the offence of homicide.
For the rationalization of sentencing discretion, and for the abolishment of death penalty, reform of homicide offence in the American and English criminal laws should be studied.
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
등록된 정보가 없습니다.
참고문헌
참고문헌 신청최근 본 자료
