Wallace, A p45 These conditions are: This becomes very hard to prove as it is something that happens so suddenly such that the accused may fail to state what exactly took place or may be remembering every detail such that the jury would not take her or his side of story. In this case the woman has committed a murder and according to the laws she may be found guilty and the sentence will definitely be death.
First they need to show that at the time of Essay on diminished responsibility they were suffering from an abnormality of mind.
People who abuse their partners present a totally different picture when they are away from their partners. Hardly a day ends without cases Essay on diminished responsibility reported where wife or a husband has been beaten or even killed.
Simester, A et al Criminal law: Since impairment of mind may be temporal any medical examination may fail to prove that it existed in the first place making the matters worse for the accused. Stress in the societies is affecting everyone but there are those people who are not able to manage them making them harm their partners, children and other people in the society.
In the eyes of an ordinary person people who experience violence through battering, are justified to kill but the law must take its course no matter how they felt at the time of committing the murder. For provocation to be relied on the defendant must state that the loss of control was only temporary.
In the law, killing another person attracts a heavy penalty regardless of whether the deceased had caused suffering to you or not. Get Full Essay Get access to this section to get all help you need with your essay and educational issues.
Some of them choose to remain mum due to the shame associated while other seeks legal redress. When attacked, the woman strikes Essay on diminished responsibility man so hard such that he suffers serious head injuries Gray p34 The man later succumbs to these injuries. Ashworth, A p They may have acted too soon without giving them self a time to think therefore this may be enough prove that the actions of the deceased may not have precipated the murder.
Anger is common to all human being as we at times get angry and in most of these cases we do not harm or kill those who may have offended us. In some cases the victims have no choice but to succumb to their advances as they are threatened with all manner of the consequences.
There are defences available that the defendant may plead for the sentences to be reduced. This type of assault is common in work places and other public areas where victims may either use their position in societies to intimidate others. This is of one the reason why victims of violence experience difficult in relying in these two defences as they fail to satisfy the condition set by the law therefore being convicted of murder.
It is a serious offence such that death sentence is the only the penalty prescribed by the law. Thus is a defence to murder that if the accused proves can lead to reduction of liability for the illegal killing from murder which the sentence is death to a manslaughter which attracts either life imprisonment or prescribed number of year.
The law is said to have its origin in Scotland early in the 19th century. Lacy, Net al Reconstructing Criminal law. Revenge is premeditated and can not be as a result of abnormality or impairment of the mind, it is well planned and the accused most likely attacks the abuser when they are asleep or such a time when they may not be in a position to retaliate.
To rely on provocation the accused has to prove that he or she killed due to losing self control and at times this may be difficult to support. This can be attributed to the changes taking place in many societies. At times people who kill their abusive partners fail to successfully rely on this defence rule as they do not fulfil the conditions set.
Battery is described by the law as that act where a person illegally applies force to his or her partner or any other person and due to this application of force the other person suffers body injuries. Abnormality of mind in this case refers to a condition of mind that is totally different from that of a human being who may be referred as ordinary or normal and in the eyes of any reasonable person this would be termed as not normal.
A husband or wife who batters his or her spouse causes untold suffering to the partner. The neighbours may not side with the accused as they know the deceased as a different person who have not shown any signs of violence Dutton p35 To rely on the defence of diminished responsibility at times requires witnesses to support your case and when the above situation where the only people who have prove or have witnessed battery are the accused and the deceased the defence will not hold any water as there are no witnesses and the accused will definitely be found guilty of murder.
Children in these families also go through hard times as they persevere seeing their parents fighting and in some cases children participate in these fights.
Psychologists argue that children who witness their parents engaging in violent behaviour among themselves will most likely copy this behaviour. Theory and doctrine, Oxford.
The abuse may have been long term but its occurrence is only known to the two people: In our laws battery is fully addressed and its perpetrators are punished by the necessary authorities if found guilty in the court of laws. Lacy p The question that must be answered to successfully rely on this pleading is whether the provocation was enough to make any person who is reasonable to kill, reasonable refers to somebody who is normal in the eyes of the law.
People who experience violence in their lives and due to the suffering end up killing the perpetrators of this violence can plead this defence but must satisfy the condition set out concerning their state of mind the time of committing this crime.
It is an argument that the behaviour of the victim made the defendant fail to control her or himself therefore leading to the crime of killing. Therefore it becomes very difficulty for the accused to rely on this defence on the basis that they acted out of anger.Free Essay: The Relevancy of Diminished Responsibility Diminished Responsibility (In the USA it is called Diminished Capacity) is used to reduce the charge.
Research Proposal Provocation, diminished responsibility and the reasonable (wo)man; the implications of the Law Reform Commission’s recommendations.
Open Document. Below is an essay on "Diminished Responsibility" from Anti Essays, your source for research papers, essays, and term paper examples. Sep 27, · After completing the murder part of your answer 1.
Linking sentence: state why the D in the scenario may have a defence of diminished responsibility. 2. Definition: Do not write out the whole definition. Simply state the section number and the act. 3. Provocation and Diminished Responsibility Essay Sample. Violence has been on the increase all over the world.
This can be attributed to the changes taking place in many societies. Diminished Responsibility Essays - Automatism, Insanity and Diminished Responsibility.Download