Women and criminal law: the notion of diminished responsibility in Prospero Farinaccio (1544–1618) and other Renaissance jurists

2017 ◽  
pp. 166-181
Author(s):  
Marina Graziosi
Keyword(s):  
Criminal Law ◽  
Diminished Responsibility

scholarly journals Diminished responsibility and alcohol

2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Law Reform ◽  
England And Wales ◽  
Life Sentence ◽  
The Law ◽  
Diminished Responsibility

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.

scholarly journals Personality Disoder and Their Judicial- Psychiatric-estimation of the Russian Federation

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
S. Vasyukov ◽  
A. Baeva
Keyword(s):  
Personality Disorder ◽  
Mental Disorders ◽  
Personality Disorders ◽  
Criminal Law ◽  
Criminal Liability ◽  
Icd 10 ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Diminished Responsibility

In modern Russian criminal law means diminished responsibility, that the subject is not capable to regulate meaningly legally significant behaviour at the moment of socially dangerous act. Such disability comes at presence if the subject has the chronic or time mental disorder, an aphrenia or other disease state of mentality. The specified clinical phenomena define medical criterion of diminished responsibility. Special interest represents disorders which in ICD- 10 concern to «Personality Disorders» (F60-F68). Here mental disorders which have no so-called remedial basis are meant, or in their structure it is impossible to note signs of weakening process. At the same time they not only qualitatively differ from the accepted norm, but also under known conditions possess that depth or expression that can be regarded as medical criterion of the formula of diminished responsibility. The research which has been spent in the Department of psychogenias and personality disorders of Institute of Serbsky included 80 men at the age from 20 till 45 years by which the diagnosis «Personality disorder» was established. It has shown that there can be 3 variants of influence on responsibility: they can cause full loss of liability; can essentially reduce the criminal liability; their presence can be neutral and not render influences on liability. The analysis of expert judgements shows, that in expert judgements about disability of the subject to regulate the behaviour meaningly it is necessary to estimate components both medical, and psychological criteria of diminished responsibility.

5. Homicide

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Mercy Killing ◽  
Homicide Law ◽  
Diminished Responsibility

This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving. It considers suicide pacts, mercy killing, and euthanasia, homicide statistics, non-homicide killings, and diminished responsibility. Significant academic and political energy is put into homicide law, given the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.

The Structure of Defences in Scots Criminal Law

2003 ◽  
Vol 7 (1) ◽  
pp. 60-79
Author(s):  
Victor Tadros
Keyword(s):  
Criminal Law ◽  
Academic Literature ◽  
Central Pillar ◽  
The Impact ◽  
Diminished Responsibility

One central pillar of scholarship about criminal defences concerns their structure. Three categories of defence are commonly recognised in the academic literature, and to a degree by the courts: capacity defences, justifications, and excuses. This article considers how defences should be structured and the impact that such a structure has on the content of legally recognised defences such as diminished responsibility, necessity, coercion, and provocation.

5. Homicide

Criminal Law ◽  
2020 ◽  
pp. 230-321
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Mercy Killing ◽  
Homicide Law ◽  
Diminished Responsibility

This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving. It considers suicide pacts, mercy killing, and euthanasia, homicide statistics, non-homicide killings, and diminished responsibility. Significant academic and political energy is put into homicide law, given the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.

The Insanity Defense: Effects of Abolition Unsupported by a Moral Consensus

1984 ◽  
Vol 9 (4) ◽  
pp. 471-500
Author(s):  
Lynnette S. Cobun
Keyword(s):  
Moral Judgment ◽  
Criminal Law ◽  
Mentally Ill ◽  
Criminal Responsibility ◽  
Insanity Defense ◽  
Legal Doctrine ◽  
Criminal Sanctions ◽  
The Face ◽  
Diminished Responsibility

AbstractThe insanity defense reflects the moral judgment that some criminal defendants do not deserve criminal sanctions because of mental incapacity. This Note examines the alternative formulations, such as guilty but mentally ill and diminished responsibility, that some states have enacted in the face of growing controversy over the insanity defense. It observes that the alternatives, if used in lieu of the insanity defense, distort the criminal law and do not comport with the legal doctrine of responsibility, which eschews punishing mentally ill defendants. The Note concludes that the insanity defense should not be abolished unless the moral consensus changes regarding the criminal responsibility of mentally ill defendants.

7. Homicide 2: voluntary and involuntary manslaughter

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Loss Of Control ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility aswell as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.

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