Write a critical analysis of the law on voluntary manslaughter.

Step 1: It is key to lay out what the law of voluntary manslaughter and that it is a partial defence to murder.
So one must state this and then law out what the law includes and involves; namely laying out the two elements, Diminished Reposibility and Loss of Control. This includes refernece to the acts that they are found under, Homicide Act 1957 and the Coroners and Justice Act and any relevant cases- it is key to include cases and the law!
Step 2: Is to undertake the analysis of the two defences. There must be a focus on the fact that the defences are special and partial
First, we must look at the positives of the defences, how clear are they? What is clear? Then, we must look at any negatives; is the case law unclear? Have there been any confusing reforms? Where are the faults in the law?  Consider whether the case law has shown the defences to be succesful; are the defences applied too often (is there a high threshold to have the defence considered?)
 

Answered by Jade W. Law tutor

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