In order to prove he was suffering from diminished responsibility a defendant must show: Which substantially impaired his ability to understand his conduct, form a rational judgment or exercise self-control; Which provides an explanation for being party to the killing.
What does diminished responsibility mean in criminal law?
Diminished responsibility. The case was recently abrogated, however, by enactment of the Criminal Law (Insanity) Act 2006, effective June 1, 2006. The act, in pertinent part, specifically adopted the partial defense for the charge of murder where a successful defense will result in a manslaughter conviction instead of murder.
What are the advantages of diminished responsibility in a disability case?
An advantage is that for diminished responsibility to be accomplished the defendant must have medical proof stating why they would act in such a way and how their disability hinders this.
What is the partial defence of diminished responsibility in NSW?
In NSW, the partial defence of 'diminished responsibility' was replaced by the partial defence of "substantial impairment" in 1998. The burden is on the defendant to prove the defence, on the balance of probabilities.
Is diminished responsibility a broad availability under the law?
There has been a number of criticisms relating to the law reform of diminished responsibility, as many consider it holds a broad availability, however the changes made in 2009 enable ‘medical conditions’ to be recognised, which wasn’t the case previously which creates flexibility to allow the developments of future cases regarding medical knowle...
What makes diminished capacity an excuse?
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
What is the current UK law on diminished responsibility?
In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes).
What is the meaning diminished responsibility?
diminished responsibility, legal doctrine that absolves an accused person of part of the liability for his criminal act if he suffers from such abnormality of mind as to substantially impair his responsibility in committing or being a party to an alleged violation.
When May diminished capacity be used during a case?
A defendant's legal team may attempt to use the defense of diminished capacity to limit the criminal liability of the defendant. This type of defense says that the mental capacity of the accused was diminished to the point that he or she did not have the intent required to commit the crime.
How does burden of proof work?
The burden of proof (“onus probandi” in Latin) is the obligation to provide sufficient supporting evidence for claims that you make. For example, if someone claims that ghosts exist, then the burden of proof means that they need to provide evidence that supports this.
Which offence is section 300 deal with?
Murder (s 300 of the Penal Code); Culpable homicide not amounting to murder (s 299 of the Penal Code); Causing death by a rash or negligent act (s 304A of the Penal Code).
What kind of defense is diminished capacity?
In the example of murder and manslaughter, a diminished capacity defense contends that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly.
Is diminished responsibility the same as loss of control?
Diminished responsibility and loss of control are partial defences to the offence of murder (hereafter 'defences' for the sake of simplicity). They are partial defences because they reduce the offence of murder to manslaughter; they do not result, as successful defences such as self-defence do, in acquittal.
What is the impact of a successful plea of diminished responsibility?
A successful plea of diminished responsibility will reduce a murder charge 'down' to one of voluntary manslaughter. This in turn allows a trial judge discretion, based on the circumstances of the killing, in the sentencing of the defendant.
What is diminished culpability?
Diminished culpability refers that the juvenile offenders have less understanding of their wrongdoings and, therefore, should not be punish for their actions.
What are the four types of insanity defenses?
Four variations of the insanity defense currently exist: M'Naghten, irresistible impulse, substantial capacity, and Durham.M'Naghten Insanity Defense. ... Irresistible Impulse Insanity Defense. ... The Substantial Capacity Test. ... The Durham Insanity Defense. ... Proving Insanity. ... Diminished Capacity. ... Mental Competence to Stand Trial.More items...
What is the doctrine of diminished responsibility?
The doctrine of diminished responsibility provides a mitigating defense in cases in which the mental disease or defect is not of such magnitude as to exclude criminal responsibility altogether.
What happens if a judge or jury concludes that the accused is incapable of premeditation yet has the capacity
If a judge or jury concludes that the accused is incapable of premeditation yet has the capacity to appreciate the wrongfulness of his conduct or to conform his behaviour to the requirements of the law , the court can bring a less serious penalty to bear.
Which case was the insanity test abandoned?
jurisdictions, including federal law, have abandoned the volitional prong of the insanity test and returned to the ancient English rule laid down in M’Naghten’s Case (1843) 8 Eng. Rep. 718, 722. According to that case, an insane person is excused only…. insanity.
Is an insane person excused?
According to that case, an insane person is excused only…. insanity. Insanity, in criminal law, condition of mental disorder or mental defect that relieves persons of criminal responsibility for their conduct.
Element one: Abnormality of mental functioning
The first element of the defence requires the jury to determine as a question of fact, rather than medicine, whether the defendant’s state of mind at the time of killing was ‘abnormal’.
Element two: Recognised medical condition
Once the state of mind requirements of ‘abnormality of mental functioning’ have been proved, it must be established that the cause of this is a recognised medical condition, rather than a state of intoxication for example. The link between these two is important to establish as a basis for the defence.
Element three: Substantial impairment
Once it has been established that the defendant has a medical condition which has caused an abnormality, it must further be proved that the abnormality substantially impaired the defendant’s mind in one of three ways:
Element four: Provides an explanation for the conduct
The fourth element of the defence requires proof that the abnormality caused by the recognised medical condition, which has caused the substantial impairment has either caused or is a significant factor in causing the defendant to kill.
What is the diminished responsibility defense?
this defense is known as diminished capacity. The diminished capacity principle is applicable to those who are mentally ill and unable to understand the consequences of their act at the time of crime.
When did the phrase "diminished responsibility" start?
Walker asserts that, by 1909 the cases begin to use, the specific phrase “diminished responsibility”. “By the nineteen-thirties the stage had been reached at which the defense of insanity was rarely offered in a Scots court to a charge of murder.
What is the defense of mental disorder in Shank?
In Shank, court accepted the defense of mental disorder, “psychogenic amnesia” the illness that make the defendant unable to “premeditating or deliberating”, indicates that the court may allow the diminished capacity defense in addition to insanity defense.
What are the essentials of insanity defense?
Essential of Insanity Defence. Three things need to be proved where insanity defense is pleaded: (1) Mental disorder must be present in order to plead the insanity defense. According to Lord Denning “any mental disorder which has manifested itself in violence and is prone to recur is a disease of the mind.
What is the insanity defense?
The insanity defense is based on the general principle “that criminal behavior is punishable only when the actor is morally culpable or blameworthy”. [ 25] An individual who suffered from mental illness or disorder may not know the nature of his act and cannot choose what is lawful or unlawful. In the case Holloway v. United States, the court succinctly stated: “Our collective conscience does not allow punishment where it cannot impose blame”. [ 26]
What are the essentials of a crime?
Essentials of a Crime. An act which is done with free will and with the intention to cause harm called a crime. [ 20] . It means there some fundamental elements which must be present in order to constitute a crime [ 21] : act must be done with free will; ability to distinguish between right and wrong;
When was the concept of not guilty by reason of insanity first introduced?
The concept of “not guilty by reason of insanity” was first time introduced in the era of Prophet (PBUH). But the western world, nearly seven centuries ago, exonerated the individual on the basis of mental illness. [ 14] In Islam there is comprehensive procedure of compensation with respect of the loss occurred. While the persons who are “insane not liable for the loss”.
What is diminished responsibility?
Diminished responsibility is one of three special defences which exist solely for the offence of murder. It is contained in the Homicide Act 1957 as modified by the Coroners and Justice Act 2009. Where the defence of diminished responsibility is successfully pleaded, it has the effect of reducing a murder conviction to manslaughter.
What is the law that requires the abnormality to be caused by an arrested or retarded development of the mind?
This follows from the old law under S.2 Homicide Act 1957 which required the abnormality to be caused by an arrested or retarded development of the mind or any inherent causes or induced by disease or injury.
What is an example of jury ignoring medical opinion?
A notorious example of the jury ignoring medical opinion was present in the trial of Peter Sutcliffe ( the Yorkshire ripper) where the medical opinion was unanimous that the defendant was a paranoid schizophrenic, yet the jury refused to allow him the defence.
Can a defendant run one defence at trial?
Otherwise, as must be clear, defendants might be encouraged to run one defence at trial in the belief that if it fails, this court would allow a different defence to be raised and give the defendant, in effect, two opportunities to run different defences. Nothing could be further from the truth.
What is diminished responsibility?
However, the definition of diminished responsibility now holds a clear outline to detect whether a person’s actions rely on their abnormality of mind, which incorporates with the decisions issued in Byrne 1960.
What is the loss of control law?
Defendants can use this principle as a partial defence to reduce the liability for murder to manslaughter.
What are the factors that contribute to voluntary manslaughter?
Voluntary Manslaughter consists of three significant factors which create defences when a person is charged with murder, this includes diminished responsibility, loss of control and insinuating a suicide pact. [1]
Can a person be prosecuted for murder if they are over 10?
However the government, then decided that the age of a person could not be in association with a person’s disability and therefore concluded that immaturity couldn’t be used as a defence and those aged 10 and over could be prosecuted with murder.
What is diminished responsibility?
Diminished Responsibility (In the USA it is called Diminished Capacity) is used to reduce the charge of Murder to Manslaughter thus allowing the judge more discretion in sentencing. To many the idea of a person having diminished responsibility to a crime is a problem at an emotional and rational level : after all we often do not agree what ...
Can you form intent to kill someone?
One can form the intent to kill someone very clearly and have definite intent yet be quite mad . It is the reasons behind the intent that are important in the question of diminished responsibility. In Montana and some other states in the U.S. the concept of diminished capacity has been statutorily abolished.
Is it unreasonable to separate personality disorder from other disorders?
The separation of personality disorder from other disorders is not unreasonable when one considers that personality disorder is merely a consistent pattern of neurotic traits grouped together, as the neurotic turmoil of adolescence settles and these traits precipitate out to form the personality disorder.
Overview
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murde…
English law
Section 2 of the Homicide Act 1957 states: (1) Where a person kills or is party to a killing of another, he shall not be convicted of murder if he was suffering from an abnormality of mental functioning which -
(a) arose from a medical condition
(b) substantially impaired D's ability to do one or more of the things mentioned in subsection (1A…
Scottish law
Although the term is not used during the proceedings, the 1795 trial of Sir Archibald Gordon Kinloch for the murder of his brother Sir Francis Kinloch, 6th baronet of Gilmerton under Robert McQueen, Lord Braxfield is one of the earliest clear examples of recognition of diminished responsibility. Whilst found guilty, and usually expecting a death sentence, not only was Kinloch sentenced to life imprisonment instead, but two days after the judgement (17 July 1795) the acc…
Australia
At present, diminished responsibility exists as a statutory partial defence in most Australian jurisdictions. The defence is only available in cases of murder and serves to reduce the offence to manslaughter. In Australia it has been the subject of sentencing concerns specifically in relation to the weight attributed to protection of the community when sentencing offenders found guilty of manslaughter on the grounds of diminished responsibility
India
Supreme Court of India bench headed by Justice Gogoi in a review petition upheld the principle of Diminished responsibility in the 2000 Dharmapuri bus burning and commuted to life imprisonment the death penalty given by the Salem district court and upheld by the Madras High Court and by another Supreme Court bench to three AIADMK party activists who had a set on fire a fully occupied bus with 44 girls and 2 lecturers of the Tamil Nadu Agricultural University on an educational tour …
United States
The U.S. Sentencing Guidelines provide, "A downward departure may be warranted if (1) the defendant committed the offense while suffering from a significantly reduced mental capacity; and (2) the significantly reduced mental capacity contributed substantially to the commission of the offense."
California was the first state in the U.S. to adopt the diminished capacity defense, beginning wit…
See also
• Insanity defense
• Intoxication defense
• Settled insanity
Further reading
• Thompson, Kimberly Reed (February 2003). "The Untimely Death of Michigan's Diminished Capacity Defense: People vs. Carpenter" (PDF). Michigan State Bar Journal. Retrieved May 22, 2013.