The Slayer Rule in the System of Legal Sanctions for Murder (on the Example of Anglo-Saxon Countries)

Abstract

The article deals with issues related to the slayer rule in the framework of the common law system using the example of the USA, the UK, Canada, Australia and New Zealand. The slayer rule does not allow a person who killed or contributed to the death of another person to benefit from the murder. The positions reflected in judicial practice, as well as the legislative consolidation of the slayer rule, are analyzed. The slayer rule is a sanction on the borderline between civil and criminal law. Three principles according to which the slayer rule is applied are the intention of the testator, equity and morality. The application of the slayer rule is decided in accordance with established judicial practice and the discretion of the court. The authors discuss the application of the slayer rule in cases of manslaughter and murder committed in the situations of domestic violence. Some aspects of applying the slayer rule to murderers with mental disorders are considered. In some US states, the slayer rule applies not only in the case of murder, but also in the case of abuse of helpless elderly people for financial profit. The authors analyze judicial precedents and changes that affected the slayer rule throughout its existence.