There has been varying discussions regarding the changes to the murder laws in England and Wales. Most spout the familiar line and regurgitate the usual reactionary myths about domestic violence. But to reiterate, the reason more men than women get done for domestic violence is that the vast bulk of domestic violence is by men against women.
As I understand the criminal law is based on the assumption that a person has free will in deciding what actions they take: they may decide to break the speed limit, sell cocaine or kill their wife. This is the only basis on which someone can be justifiably be punished for something.
But what if the person’s will has been deliberately broken through years of violence, fear and oppression? That is what some men do to their women partners. Is it just to punish a women who kills such an oppressor to the same extent as someone who kills in cold blood? The criminal law must reflect the psychological realities if it is to represent justice at all.
Generally, what is missing from these proposals on murder to re-examining the mandatory life sentence for murder. I do think there has to be more discretion and flexibility when it comes to murder verdicts.
