The article focuses on partial defenses to murder such as provocation and diminished responsibility which under current British law reduce the offense to one of manslaughter. It states that a review of these partial defenses has been requested by the British government to the independent Law ...
Active involvement in policy development covering such matters as sentencing, treatment of intellectually disabled persons and the criminal law, the right to silence, partial defences to murder, surveillance, contempt by publication and anti-discrimination law 积极参与涉及下列事项政策的制定:判刑、治疗智力...
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of con... A Reed,M Bohlander - Ashgate 被引量: 7发表: 2011年 Loss of Control and Diminished Responsibility This book provides a leading point...
MURDERPHYSICAL abuseCRIMINAL lawAn abused person who kills their abuser remains a conundrum for law and justice. How do we adequately deal with this issue using the current defences to murder? The Coroners and Justice Act 2009 legislated with such situations in mind, but...
76 Serious Crime Act 2015 which criminalises coercive or controlling behaviour in an intimate or family relationship and considers an argument for aligning partial defences to murder with it. It takes inspiration from the case of Sally Challen, granted leave to appeal her murder conviction at the...
Since the early 1990s there has been a plethora of academic commentary on the criminal law's response to such cases. More recently, the debate has been re-opened following the publication of the Law Commission's proposals on the Partial Defences to Murder. This article examines doctrinal issues...
Since the abolition of the provocation defence New Zealand no longer has any partial defences to murder. Nonetheless this article notes that the majority of (the small number of) cases in which battered defendants have been charged in respect of the homicide of their abusive partners since then ...
We argue that the partial defence of diminished responsibility, while appropriate for some cases, fails to acknowledge the compassionate and relational nature of these acts and thus fails to identify the quality of the harm committed. We also argue that the general defences of duress of ...
In particular, it aims to set the scene for future theoretical development in this area by dismantling the three familiar arguments against expanding partial defences beyond homicide. First, it clarifies the nature of partial excuse by questioning the apparent dependency of the doctrine on the ...
The long accepted solution to these difficulties has been the use of partial defences of diminished responsibility and provocation to reduce murder to manslaughter in some circumstances, despite the defendant clearly having satisfied the mental element. In 2006, the Law Commission proposed a new ...