scholarly journals Murderous intent—The attitude of a murderer?

2021 ◽  
pp. 002201832110310
Author(s):  
Gavin Leigh
Keyword(s):  
Risk Taking ◽  
Bodily Harm ◽  
Cognitive Approach ◽  
England And Wales ◽  
Grievous Bodily Harm ◽  
Mental Element ◽  
Definition Of

There is a controversy in the definition of murder in England and Wales. This relates to ‘intention’ in the mental element, which can include the defendant’s foresight of death or grievous bodily harm (GBH) as ‘virtually certain’. This ‘oblique’ intent is criticised as morally under-inclusive. In this article, it is argued the crime can better capture those killings that should be categorised as murder by rejecting oblique intent. It is accepted that GBH ought to be a part of the mental element. However, the article proposes murder should capture heinous forms of risk-taking through knowledge of likely death or GBH which, if it were to occur, might be useful in contributing to the defendant’s purpose. This cognitive approach supports a murderous attitude called reconciliation. That attitude is contrasted with the dictionary definition of intention in which death or GBH can be used in pursuit of, or is, the defendant’s purpose.

scholarly journals No harm, no foul? Body integrity identity disorder and the metaphysics of grievous bodily harm

2020 ◽  
Vol 20 (1) ◽  
pp. 73-96
Author(s):  
Richard B. Gibson
Keyword(s):  
Therapeutic Intervention ◽  
Limb Amputation ◽  
Bodily Harm ◽  
Physical Body ◽  
Body Integrity Identity Disorder ◽  
Grievous Bodily Harm ◽  
Definition Of

Sufferers of body integrity identity disorder (BIID) experience a severe, non-delusional mismatch between their physical body and their internalised bodily image. For some, healthy limb amputation is the only alleviation for their significant suffering. Those who achieved an amputation, either self-inflicted or via surgery, often describe the procedure as resulting in relief. However, in England, surgeons who provide ‘elective amputations’ could face prosecution for causing grievous bodily harm (GBH) under section 18 of the Offences Against the Persons Act 1861. Whether such a therapeutic intervention should be classified as GBH depends on the presence of harm, as, without harm, it is hard to argue that GBH has occurred. However, there is no agreed-upon definition of what constitutes harm. Such a definitional absence then begs the question, what is harm? It is this question which this article addresses, using the provision of healthy limb amputation in cases of BIID as an example. Drawing on metaphysics, this article will seek to clarify three separate contemporary models of harm: the counter-temporal, the counterfactual, and the non-comparative. Each model will be applied to the scenario of a surgeon carrying out a BIID-induced, therapeutic, healthy limb amputation, and in each, how harm may, or may not, be understood to have been caused will be explored. It concludes that an unexamined conception of harm is ill-equipped for employment in suspected cases of GBH when it is unclear whether harm has been caused and that a better-informed understanding of harm is required in cases where there is potential disagreement, be that in instances of BIID or a myriad of other borderline scenarios.

scholarly journals ‘Red mist’ homicide: sexual infidelity and the English law of murder (glossingTitus Andronicus)

Legal Studies ◽  
2013 ◽  
Vol 33 (3) ◽  
pp. 407-430 ◽  
Author(s):  
Adrian Howe
Keyword(s):  
Loss Of Control ◽  
Sexual Infidelity ◽  
Bodily Harm ◽  
Criminal Courts ◽  
England And Wales ◽  
Titus Andronicus ◽  
Attempted Murder ◽  
Grievous Bodily Harm ◽  
English Law ◽  
Diminished Responsibility

For over 300 years, criminal courts have regarded sexual infidelity as sufficiently grave provocation as to provide a warrant, indeed a ‘moral warrant’, for reducing murder to manslaughter. While the warrant has spilled over into diminished responsibility defences, wounding, grievous bodily harm and attempted murder cases, it is provocation cases that have provided the precedents enshrining a defendant's impassioned homicidal sexual infidelity tale as excusatory. Periodically, judges and law reformers attempt to reign in provocation defences, most recently in England and Wales where provocation has been replaced by a loss of control defence that, most controversially, specifically excludes sexual infidelity as a trigger for loss of control. This paper reflects on this reform and its reception, glossing Shakespeare's scathing critique of warrants for murder inTitus Andronicus.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

scholarly journals Intentionality: A philosophical-cognitive approach to mental representations

2014 ◽  
Vol 26 (39) ◽  
pp. 819
Author(s):  
Cleverson Leite Bastos ◽  
Tomas Rodolfo Drunkenmolle
Keyword(s):  
Cognitive Psychology ◽  
Mental Representation ◽  
Philosophy Of Mind ◽  
Mental Representations ◽  
Hard Core ◽  
Explanatory Models ◽  
Cognitive Approach ◽  
Clear Cut ◽  
Points Of View ◽  
Definition Of

This article critically analyses the notion of intentionality from several philosophical cognitive points of view. The authors argue that the notion of mental representation in the wider sense and intentionality in the narrower sense remains elusive despite accommodated paradoxes, improved semantic precision and more sophisticated strategies in dealing with intentionality. We will argue that different approaches to intentionality appear to be coherent in their inferences. However, most of them become contradictory and mutually exclusive when juxtaposed and applied to borderline questions. While the explanatory value of both philosophy of mind as well as cognitive psychology should not be underestimated, we must note that not even hard-core neuroscience has been able to pin point what is going on in our minds, let alone come up with a clear cut explanation how it works or a definition of what thought really is. To date, however, intentionality is the best of all explanatory models regarding mental representations.

scholarly journals The dependence of the nature of the crime to the type of trauma the perpetrator (for example, minors convicted of violent crimes)

2017 ◽  
Vol 7 (2) ◽  
pp. 57-70 ◽  
Author(s):  
S.Dzh. Khachaturyan ◽  
M.N. Abdurasulova
Keyword(s):  
Family History ◽  
Juvenile Offenders ◽  
Sex Offenders ◽  
Psychological Adjustment ◽  
Family System ◽  
Bodily Harm ◽  
Violent Crimes ◽  
Grievous Bodily Harm ◽  
History Of ◽  
Polygeneration System

The article is devoted to psychological correction of juvenile offenders for violent crimes. The authors, based on the fundamentals polygeneration system of traumatology, hypothesize about the presence of a family history of juvenile offenders system traumas. The study was conducted in PKU Nakhodka educational colony GUFSIN Russia for the Primorye territory in January-February 2017. The study involved 23 minors convicted of violent crimes. All system traumas are divided into four types: existential trauma, trauma of losses, trauma of relationship and trauma family system. Conclusions about what the nature of the offence depends on the depth and type of traumatization of the perpetrator and his family system. All examined juvenile offenders are themselves victims of traumatic events in their own families. The main types of trauma from sex offenders are trauma of losses and trauma of relationship. Family convicted of murder filled with existential trauma, trauma of relationship and trauma family system. Convicted of intentional infliction of grievous bodily harm had an average degree of trauma. There are all kinds of trauma in their experience, with a predominance of existential trauma. Offered the main directions of psychological adjustment to each category of prisoners.

scope of that design and used the extreme violence which was intended to cause grievous bodily harm or death. The judge’s direction in the appellant’s case did not deal with that situation (or with) the appropriate verdict of not guilty should the jury find the second and/or third defendant went beyond what was contemplated by the appellant. On the facts of the case there were only two verdicts open to the jury, guilty or not guilty of murder. If, as the Crown contended, she was a party to an agreement to kill, she was guilty of murder. If she was a party to an agreement to inflict some harm, short of grievous bodily harm, then she was guilty of neither murder nor manslaughter. The victim’s killing and the manner of the killing could not be within the ambit of the agreement to which the appellant was a party, if the ambit was confined on her part to an intention that only some harm should befall the deceased, albeit not death or really serious injury. The issues involved could not be distinguished from those adumbrated by Widgery LJ in Lovesey and Peterson (1969) 53 Cr App R 461. The judge failed to remind the jury of the law as laid down in Anderson and Morris (1966) 50 Cr App R 216 and followed in Lovesey and Peterson (1969) 53 Cr App R 461. The result of that non-direction was that the jury returned a verdict which was not open to them. R v Stewart and Schofield [1995] 3 All ER 159 (CA)

1996 ◽  
pp. 408-424
Keyword(s):  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Extreme Violence ◽  
The Law ◽  
Serious Injury
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