The articles do not say whatcircumstances the courts should take into consideration when classifying thedeed in question — the only guidance the articles offer the courts is thatextenuating circumstances must be to hand for a deed to be classified asmanslaughter. Available statistics regarding murder and manslaughter reportthat the percentage of cases of deadly violence that are classified as murderhas increased drastically only the two last decades, whereas the percentageof cases that are classified as manslaughter
Fader misstankt for mord pa dotter fallen.
Hence, the purpose ofthis essay is to elucidate the boundary between murder and manslaughter.
This purpose contains not only what circumstances that are taken intoconsideration by the courts when classifying a deed, but also if the boundaryhas changed over time. The legislative history of BrB mentions some circumstances that should beof consideration when classifying the deed.
Especially aggravating circumstances arekilling kindred to the suspect and killing while burgling. Other aggravatingcircumstances that are taken into consideration are planned
Fader misstankt for mord pa dotter serious violence and if the victim has been guardless. Especiallyextenuating circumstances are in particular euthanasia and killing of atormentor. When the victim for a long time has been tormenting thedefendant, the extenuating circumstances often rule out the aggravatingcircumstances even though the tormentor, moreover the victim, almostalways in these cases is kindred to the suspect.
Despite the geographical vicinity,these four countries handle deadly violence quite differently. While Swedenhas two levels of intentional deadly violence, Finland has three and bothNorway and Denmark have only one level. The circumstances that are takeninto consideration when classifying deadly violence in Sweden are,however, practically the same as the circumstances that are taken intoconsideration when meting the punishment in our neighboring countrieswithout different levels of deadly violence.
As mentioned above, today an increased percentage of suspects aresentenced to murder in comparison to the corresponding percentage only adecade ago. In order to examine whether the reason for this is a sharpenedview of deadly violence this thesis Fader misstankt for mord pa dotter a comparison between cases 1. This comparison shows a change in theview of the courts — most prominent is the fact that the courts in the pastused manslaughter as the starting point, whereas the courts nowadays, as thelaw prescribes, use murder as the starting point.
However, the different starting points is not theonly change in the judgments of the courts.
Deadly violence undeniablyseems to arouse stronger reactions from the courts today. Recently, in ,a Court of Appeal sentenced a woman for murder for killing her husband,who for a long time had been torturing her not only physically but alsopsychologically. Thus, the suspect was convicted for murder despite the factthat the killing of a tormentor is an extremely extenuating circumstance.
The views of the differentcourts are, of course, different from each other. Hence, the judgments alsovary. There is nothing indicating that the increasing percentage suspects that areconvicted for murder depend on rougher violence. More likely, it dependson a sharpened view from the courts regarding serious violence.
This viewcan be connected to a sharpened view towards serious violence in society atlarge. Fader misstankt for mord pa dotter
A sharpened view as such can relate to many different causes. One ofthe factors that contribute to a changed view is the reports from media. Violence, especially deadly violence, often creates main headlines and thereports make people believe that the violence happens to a larger extent thanit Fader misstankt for mord pa dotter to.
Through reports from the media, in particular local media, a fearis created amongst the people. This fear is followed by a sharpened view ofviolence once it happens. Another cause for the changing view is that thecitizens of welfare states can control and protect themselves from practicallyeverything except the risk of being exposed to violence.
This makes the fearof violence even more tangible. For the public, thiscould give the impression that the violence has become more severe at thesame time as the crimes have increased. Relatively recently, NJA s. By doing so, the court has shown repudiation towards the more andmore sharp judgments. Thus, it is possible that the future judgmentsof courts regarding the establishment of a boundary between murder andmanslaughter will be milder.
This, however, remains to be seen. Odelstingsproposisjon, norsk proposition till StortingetProp. Slutligen analyseras i kap. Uppsatsen avslutas med en sammanfattande slutsats. Se till exempel NJA s.
Liknande scenario hade utspelat sig i RH I NJA s. Inte heller i NJA s. I det omtalade s. Med syfte att I UfR s. Offret hade i UfR s. Ingen av dem skadades heller avoffret. You can publish your book online for free in a few minutes! View in Fullscreen Report. Read the Text Version. In order to examine whether the reason for this is a sharpenedview of deadly violence this thesis makes a comparison between cases 1 containing similar circumstances.
Create your own flipbook. Full resolution (TIFF) - On this page / på denna sida - Ekvall, Sofia Maria tillfrågan hvarför hon satt fången: "misstänkt för fadermord!", Yngsta dotter af. katthem skåne helsingborg dödlig dos saffran råkost på näte Välj typ av släp som hyra släp på ikea älmhult Välkommen att ringa och boka En magisk vintervärld på Kosta Julmarknad.
koncernledningen utnyttjas även kompetens från vd:ar i "mogna" bolag i de lokala dotterbolagsstyrelserna.