murder and involuntary manslaughter - Law Reform Commission

1.20 Professor Ivana Bacik also supports merging manslaughter andmurder into the single crime of unlawful homicide. Bacik questions whetherhaving a separate offence of murder is a true reflection of reality, or isinstead about social stigma. 27 Bacik subscribes to the abolitionist view that a“baseline” offence of homicide would be preferable due to overinclusivenessand the moral diversity of killings designated as murder on thebasis that the spectrum of intentional killing (which includes contractkillings, mercy killings, revenge killings, child killings and domestickillings) is too wide and that certain intentional killings eg mercy killingsought not to be branded as murder.(c)Submissions received on the murder/manslaughter distinction1.21 While the Commission received a few submissions in favour ofabolishing the murder/manslaughter distinction based largely on moraldiversity, cost-cutting, and administrative efficiency arguments, the majorityof submissions were broadly supportive of retention because the labelling ofoffences is important and labelling is the basis of the distinction betweenmurder and manslaughter. Most consultees believed that the creation of acomposite crime would seriously devalue the gravity of murder in thecriminal law calendar. Though the reverse could in rare circumstances bethe case, the great majority of murders are on their facts substantially moregrievous in nature than those relating to most manslaughters and many havea profoundly greater element of blameworthiness.1.22 Several submissions were also received expressing unease that thecreation of a single crime of unlawful homicide would mean that the degreeof culpability would henceforth be determined by the sentencing judgeinstead of by the jury as finders of fact. The result would be an emasculationof the defendant’s right to a trial by jury. The Commission also receivedsubmissions which questioned whether having a single crime of homicidewould in fact lead to shorter trials given that the evidential hearing maysimply give way to a lengthy and complex sentencing stage.1.23 The Commission is of the view that the murder/manslaughterdistinction should be retained.(d)Report Recommendation1.24 The Commission recommends that the murder/manslaughterdistinction should be retained.27See Breen “Issue is for politicians not judges, says reform commission” The IrishTimes 30 October 2003.11