| 单词 | homicide |
| 释义 | homicide homicide in the criminal law of England, a generic term for the killing of one human being by another. It can be lawful or unlawful, the main divisions of unlawful killing in English law being between murder and manslaughter.In the criminal law of Scotland, an act that results in the death of a self-existent human being. It is not criminal if there is no MENS REA whatsoever, as where someone is killed during a game of rugby played according to the rules. Nor is it criminal if justified, com- pletely excusing the executioner and the soldier. Scots law recognis- es two degrees of homicide: murder and CULPABLE HOMICIDE. See ABORTION. The question has been raised in recent years, mainly as a result of tragic disasters, as to the extent to which gross carelessness by cor- porations can be brought home to those responsible for deaths. This is discussed as corporate manslaughter. It comes under the heading of manslaughter because corporations do not usually set out to kill with malice aforethought. In England the present state of the law is that evidence of a defendant's state of mind is not a prerequisite for conviction for manslaughter by gross negligence but a corporation cannot be convicted without evidence establishing the guilt of an identified human for the same crime. There is, however, a Law Com- mission Bill arguing for a wider doctrine based solely on the corpo- ration's implementation of its own duties: Attorney General's reference No. 2 of 1999 [2000] TLR 138. |
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