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    (Original post by Six Dinners Sid)
    I'm sure it's more common than you'd think! Maybe not with a gun as they're illegal in the UK but certainly imminent death threats pressuring someone to kill somebody else...

    I must find out the facts of Howe. I'll get back to you.
    i didn't think the Howe case took into consideration of an immediate threat to life with non-compliance though? if it's more common than i think, where are all the similar case histories?

    (Original post by Six Dinners Sid)
    Ok well if you do have the choice then you have a legal sytem which punishes those who choose to stay alive, thats illigitimate.
    with lines like that you're worthy of becoming tony blair's communication director! it's not the issue that you're choosing to stay alive, it's the fact that you're killing someone else in the process.
    who's to say that joe would actually go through with killing bob if he didn't shoot the other one? how could an individual law also govern such a unique occasion which would differ slightly in each instance of use? i don't think a one-size-fits-all law would be appropriate or justifiable for contravening the law that is murder.
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    Your first quote is attributed to me and i didn't say it!!

    In terms of capturing "the offence that is murder" which (as i'm sure you know) requires an intent to do pretty serious harm do you think that the case of someone forced to shoot another is analogous with someone who ointends harm to another without such pressure - i would say the former is devoid of any real malevolence and is motivated out of the basic drive for self-preservation - how can ypou punish someone for that.

    Problem is also accentuated by lack of sentencing flexibility accompanying murder convictions.
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    (Original post by timeofyourlife)
    with lines like that you're worthy of becoming tony blair's communication director! it's not the issue that you're choosing to stay alive, it's the fact that you're killing someone else in the process.
    The real issue for me is that the imposition of punishment merits a proper appraisal of culpability.

    Also from your perspective it seems unclear why you think murder should be treated differenty to lesser offences.
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    (Original post by timeofyourlife)
    i didn't think the Howe case took into consideration of an immediate threat to life with non-compliance though? if it's more common than i think, where are all the similar case histories?
    Well following cases aren't as important as they do not change the law, although they do generate a fair amount of controversy due to the number of people who think the current law on duress & murder is wrong.
 
 
 
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