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NCJRS Abstract

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NCJ Number: 93939 Add to Shopping cart Find in a Library
Title: Homicide, 1984
Corporate Author: Law Reform Cmssn of Canada
Canada
Date Published: 1984
Page Count: 119
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,
Canada

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English; French
Country: Canada
Annotation: Canada should revise its homicide laws so that they contain only two offenses: intentional homicide and reckless homicide.
Abstract: The current laws are now spread over 35 sections and 4,000 words of the criminal code. The proposed changes would remove many anachronisms, fictions, and complexities and would realign the legal concepts to match commonsense views about killing. The proposed law would have only eight sections. Intentional homicide would mean killing on purpose. Reckless homicide would mean killing through taking unjustifiable risks. The various forms of constructive murder -- crimes in which offenders cause death during the commission of another offense even though they do not intend to take another person's life -- would be abolished. The proposals would also abolish, in part, the fixed penalty for murder. Intentional homicide would be split into two degrees. The first degree would cover contract killings, killings for monetary gain, political assassinations, and repeated killings showing contempt for human life. A high minimum penalty would be established. The second degree would cover all other intentional homicides, such as killing in the heat of passion and mercy killing. For these crimes, only a maximum penalty would be imposed. Reckless homicide would carry a lesser maximum penalty than intentional homicide. Reference notes are provided. (Publisher summary modified)
Index Term(s): Canada; Criminal codes; Homicide
Note: Working Paper number 33 includes English and French versions.
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