Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book provides a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. It explores how Scots law recognises two distinct crimes of homicide each with its own separate mental elements, though sharing a common actus reus, that is the destruction of the life of another. The book focuses on the principle of 'fair labelling', which has become common currency in debates about homicide law reform. It highlights the normative restraints that such a sentence imposes; criticising the current law for its failure to maintain a narrow definition. The book suggests that under English law the importance of causation bares an inverse relationship to the mens rea requirement of any homicide offence.