[PDF] Provocation And Diminished Responsibility As Defences To Murder eBook

Author : Alan Reed
Publisher : Routledge
Page : 410 pages
File Size : 46,22 MB
Release : 2016-04-22
Category : Law
ISBN : 1317103300

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This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

Author : George Mousourakis
Publisher : Routledge
Page : 216 pages
File Size : 49,38 MB
Release : 2018-12-17
Category : Law
ISBN : 0429873573

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Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.

Author : Great Britain. Law Commission
Publisher : The Stationery Office
Page : 324 pages
File Size : 10,4 MB
Release : 2004
Category : Law
ISBN : 9780101630122

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Following on from an earlier consultation paper by the Law Commission (Consultation paper 173, ISBN 0117302597) published in October 2003, this report makes recommendations on the law and practice of the partial defences to murder of diminished responsibility and provocation, as covered by the Homicide Act 1957, with particular regard to domestic violence situations. It also considers whether there should be a partial defence to murder in cases involving the use of excessive force in self-defence. Appendices include sections detailing: research into the ways in which the law of provocation and diminished responsibility are working; a brief empirical survey of public opinion relating to partial defences to murder; a synopsis of sample cases of female defendants convicted of murder; and a sociological history of provocation and diminished responsibility.

Author : Susanne Dell
Publisher : Oxford University Press, USA
Page : 92 pages
File Size : 48,46 MB
Release : 1984
Category : Language Arts & Disciplines
ISBN :

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The book traces the history of the diminished responsibility defence. Devised originally as a means of escape from the mandatory death penalty for murder, it is now retained as a means of escape from the mandatory life sentence. The research showed how some very weak cases succeeded because doctors, prosecution, and judges were all anxious to avoid the life sentence that must follow a conviction for murder. The author argues that there would be substantial benefits form abolishing the mandatory life sentence for murder and that, if that were done, the diminished responsibility defence could also be abolished.