NCJ Number
93939
Date Published
1984
Length
119 pages
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)