‘Loss of self-control’

2018 ◽  
pp. 82-101
Author(s):  
Susan S.M. Edwards
Keyword(s):  
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.


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.


2019 ◽  
Vol 23 ◽  
Author(s):  
Rafaela A. A. de Oliveira Simoneti ◽  
Marcia Maria Fontão Zago

2021 ◽  
pp. 540-588
Author(s):  
David Ormerod ◽  
Karl Laird

Manslaughter is defined by common law as any unlawful homicide that is not murder. The offence is limited by murder at one extreme and accidental killing at the other. Manslaughter can be either ‘voluntary’ or ‘involuntary’. This chapter deals with voluntary manslaughter: this occurs when someone had the intention to kill or do grievous bodily harm, but relies on a partial defence to murder. The two partial defences considered in this chapter are loss of self- control and diminished responsibility (suicide pact is dealt with in Ch 15). This chapter scrutinizes the defences available to the accused and in particular the developing case law under the Coroners and Justice Act 2009 on loss of control and diminished responsibility, including the Supreme Court’s decision in Golds and the series of Court of Appeal cases since that decision.


Author(s):  
John Child ◽  
David Ormerod

This chapter focuses on manslaughter, a common law homicide offence with an actus reus of unlawful conduct causing death. The chapter considers two categories of manslaughter: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter arises where D commits murder, but meets the criteria for one of the partial defences: loss of self-control, diminished responsibility, or suicide pact. Involuntary manslaughter arises where D does not commit murder, but commits a relevant manslaughter offence: unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. The chapter explains statutory offences of unlawful killing (corporate manslaughter, driving causing death, infanticide, killing of a foetus) and concludes by outlining options for legal reform concerning voluntary manslaughter, involuntary manslaughter, and the structure of manslaughter offences. Relevant cases are highlighted with a summary of the main facts and judgment.


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