Legal study of murder and culpable homicide in Malaysia: an analysis on the proof of culpability of state of mind, with reference to the United States of America and Canada. / Helmi Zaharin … [et al.]

This research paper is centered on studying murder and culpable homicide in Malaysia, with special focus on the proof of culpability of state of mind. Apart from special analysis on Malaysian position, this paper will take a brief look too, at the position held by the United States of America and Canada. This paper will look into Model Penal Code and New York Penal Law for the law of the United States of America while for Canada, the Canada Criminal Code. The goal is to study and convey the differences between the ingredients contained here in Penal Code and what is laid in their law, with special focus on the proof of culpability of murder and culpable homicide. Basically, this paper will take a look at that element of mental states and knowledge on the Malaysian Penal Code, and then compared with what has been laid there in the United States of America and Canada's law. This has been done by studying and examining the prescribed state's law such as Model Penal Code, New York Penal Law and Canada's Criminal Code. Besides that, there are some cases from United States as well as Canada, as a legal proof from the court. Through this comparative study, this paper aim to show what is best from each law and in the end, if the law here is insufficient, this paper is hoped to be a landmark research which will provide a basis for us, Malaysian to copy what is good from them.