Jennie
Tuesday 8th April 2014 2:06pm [Edited]
2,767 posts
Quote: zooo @ 8th April 2014, 2:50 PM BST
I thought that immediately after I posted!
I imagine that counts as self defence rather than murder. I think possibly even if it's been planned.
Self-defence is an immediate response to threat, so if there is no immediate threat, no self-defence. In most cases the murder is planned but only after years and years of domestic abuse. An abused person may just snap one day without anything particular being done to provoke them.
They can run the defence of provocation (which reduces murder to manslaughter). However, provocation requires a "sudden temporary loss of self-control". To get around that, juries are now asked to consider whether the defendant was suffering from "battered wife syndrome". (Having heard medical evidence on this point.)
Of course provocation is only a defence to murder, so if the bastard doesn't die, you can't run the defence.
I have done several cases of GBH where, after years of emotional, physical, sexual and financial abuse, a defendant suddenly cracks and attacks their partner. They have had to plead guilty to the assault as there is no defence in law. Their sentences are of course vastly reduced.
Quote: Renegade Carpark @ 8th April 2014, 2:58 PM BST
I suppose the flipside would be that some prisoners can never be rehabilitated back into society and are a constant danger. Therefore any kind of behavioural incentives are a waste of money.
Look at Nelson Mandela, they locked him up for being a political agitator, soon as he was released, he began agitating again. 
So what are you going to do with them for 60 years? You may be right, but they have to do something with their days.
Personally, if I am every sent to prison for a long time, I am going to do a degree with the OU and write a novel.
