A Confusion of Tongues by Theodore Dalrymple, City Journal Spring 2008
Acting recently as an expert witness in a murder trial, I became aware of a small legal problem caused by the increasingly multicultural nature of our society. According to English law, a man is guilty of murder if he kills someone with the intention either to kill or to injure seriously. But he is guilty of the lesser crime of manslaughter if he has been sufficiently provoked or if his state of mind at the time was abnormal enough to reduce his responsibility. The legal test here is a comparison with the supposedly ordinary man--the man on the Clapham omnibus, as the legal cliché has it. Would that ordinary person feel provoked under similar circumstances? Was the accused's state of mind at the time of the killing very different from that of an average man?
But who is that ordinary man nowadays, now that he might come from any of a hundred countries?
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