Carry on or giving in: The role of (implicit) cognition in the maintenance or loss of self-control

2004 ◽  
Author(s):  
H. Alberts ◽  
C. Martijn
2019 ◽  
Vol 83 (6) ◽  
pp. 450-472
Author(s):  
Susan SM Edwards

Anger, its part in human conduct and in crime commission has been much discussed and accorded a privileged status within the law, while the role of fear has been less considered. Notwithstanding, fear and related emotional states have received some recognition as intrinsic elements of the perpetrator’s object integral to the actus reus of certain offences and relevant to the defendant’s mens rea of some defences. The harm caused by deliberately or negligently instilling fear in another is inconsistently considered in law as is its impact on criminal responsibility and mens rea. Fear has been recently acknowledged as a permissible cause of loss of self-control in a partial defence to murder (Coroners and Justice Act 2009 s 55(3)). It remains a contested emotion and as with anger the male experience of what circumstances trigger fear predominates.


1976 ◽  
Vol 35 (2) ◽  
pp. 292-320 ◽  
Author(s):  
A. J. Ashworth

In English law the defence of provocation operates to reduce to manslaughter a killing which would otherwise be murder. The defence is not available on any charge other than murder: provocation is generally regarded as a matter which goes in mitigation of sentence, being insufficiently fundamental to qualify as a complete defence. Even in murder cases the defence ought only to succeed where the jury is left in reasonable doubt that the accused killed during a sudden loss of self-control caused by provocation which was enough to make a reasonable man do as he did, a test which has been criticised as unduly restrictive. The objective standard, embodied in the requirement “enough to make a reasonable man do as he did,” has attracted almost unremitting criticism from the writers. What function is the objective standard intended to perform? Does it perform this function successfully? In searching for the answers to these questions, the two factors isolated by Aristotle—the role of the provoker in causing the incident and the role of perceived injustice in weakening self-restraint —foreshadow the lines of inquiry.


PLoS ONE ◽  
2015 ◽  
Vol 10 (5) ◽  
pp. e0126377 ◽  
Author(s):  
Anne Joosten ◽  
Marius van Dijke ◽  
Alain Van Hiel ◽  
David De Cremer

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Heather Douglas ◽  
Alan Reed

The provocation defence has been the subject of legislative reform in England and Australia over the past 10 years. In England, it was abolished by section 56 of the Coroners and Justice Act 2009 and replaced with a partial defence of loss of control. In Australia, the provocation defence has been abolished in some states and significantly reformed in others. One of the key challenges for law reform has been how to ensure homicide defences are not overly restrictive for abused women who kill their abuser, while at the same time ensuring that homicide defences are not overly expansive for domestic abusers who ultimately kill their partner. With these challenges in mind, we critically examine the operation of the loss of control defence in England. There has been significant reform to the provocation defence across Australia, and, in this article, we also focus on the most recent reforms in Queensland and New South Wales. We conclude with some suggestions for further reform.


2014 ◽  
Author(s):  
Lyndsay Ann Nelson ◽  
Jessica Williamson ◽  
Ginette Cara Blackhart
Keyword(s):  

2012 ◽  
Author(s):  
Huiwen Lian ◽  
Douglas J. Brown ◽  
Lindie H. Liang ◽  
Lance Ferris ◽  
Lisa M. Keeping

2014 ◽  
Author(s):  
Jennifer Nicole Belding ◽  
Pablo Brinol ◽  
Richard E. Petty ◽  
Kentaro Fujita
Keyword(s):  

2020 ◽  
Vol 5 (2) ◽  
pp. 84-94
Author(s):  
Ade Tuti Turistiati ◽  
Baby Poernomo

This study aims at answering the questions what causes many junior high school students fall into drug abuse, and what kind of treatment  must be done so that students have self-control and are not subject to drug abuse. This study employed a phenomenological approach of a qualitative research design.  In this study a semi-structured interview is used to understand how participants experienced the phenomenon. The research revealed that the interpersonal communication has a major role in students' self-control so as not to fall into drug abuse. This study contributes significantly to educational field particularly teachers in secondary schools so that it can be used as a reference to provide counseling to parents about the importance of interpersonal communication to build students’ self-control to prevent teens from falling into drug abuse.


Author(s):  
Mark Muraven ◽  
Jacek Buczny ◽  
Kyle F. Law

Self-control all too often fails. Despite people’s best intentions and considerable negative outcomes, people often find themselves at the losing end of resisting temptation, combating urges, and changing their behavior. One reason for these failures may be that exerting self-control depletes a limited resource (ego depletion) that is necessary for the success of self-control. Hence, after exerting self-control, individuals are less able resist temptations, fight urges, or stop a behavior that results in a loss of self-control. This chapter reviews the evidence for this theory in a wide variety of domains and examines what behaviors appear to deplete ego strength and how depletion affects behavior. A comprehensive theory that examines how depletion operates is put forth and used to examine some factors that might moderate the depletion effect.


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