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 provocation can arise from the things that the deceased may have said or done.
Wallace, A p45 These conditions are: Fichtelberg, A p56 Sometimes the defendant is seen to have acted as a revenge to teach the abusive partner a lesson, if this is the case the accused will have difficulty relying on the defence of diminished responsibility.
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. There is violence against children, women and men. 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.
In this case the victim behaviour did not Essay on diminished responsibility the accused state of mind removing his or her ability to control her. Law Essay on diminished responsibility Company More essays like this: Some provocations are not enough to warrant killing as the defendant may be expected to take time and cool his or her tempers and avoid killing.
In the law, killing another person attracts a heavy penalty regardless of whether the deceased had caused suffering to you or not.
There are so many cases of partners molesting each other even being highlighted in our media today. 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.
Battery is one of the most common violence recorded in the occurrence books in our security department. Therefore it becomes difficulty to rely on this defence. This argument is propagated to deter people who stay in abusive relationship for various reasons and suffer in silent but all at once kill their partners.
A victim of battery suffers greatly and it Essay on diminished responsibility a point where they can take it no more and either due to the anger or other forces within they attack the perpetrators causing them serious injuries or at times killing them.
Gay homicides and Homosexual panic defence. People who abuse their partners present a totally different picture when they are away from their partners.
The burden of proving solely falls on the prosecution side as they have to prove beyond reasonable doubts that the defendant was not provoked. Therefore it becomes very difficulty for the accused to rely on this defence on the basis that they acted out of anger.
Fichtelberg, A Conspiracy and international Criminal Justice. In some cases the sentence may be reduced to life imprisonment but only in special circumstances. Lacy, Net al Reconstructing Criminal law. 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.
People lose control due to various reason, a battered person may loose control when the abusing partner hit or does anything provocative but it may be entirely hard to prove that the partner may have been constantly molested in cases where the abused has never come out in the open.
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.
There are defences available that the defendant may plead for the sentences to be reduced. Theory and doctrine, Oxford. Failure to prove will lead to conviction of murder which attracts a heavy penalty. 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.
Fisse, B p 90 In some cases it is argued that defendants allow themselves to be in a situation where provocation is inevitable. 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.
Ashworth, A Principles of criminal law. The accused may have been lead by anger to commit this crime which is not enough to indicate that they were suffering from an abnormality of the mind.
The jury has the role of deciding whether things that the deceased did or uttered are enough to make a human being who is termed reasonable by the law to lose his or her self control and kill someone.
One of these defences is diminished responsibility. They may have suffered psychologically as a result of abuse but in this case they have killed as an act of revenge. 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.
American journal of psychiatry. This pain is both emotional and physical. This means they have suffered psychological disorders which might be termed permanent therefore this defence being disqualified.Diminished Responsibility Essays - Automatism, Insanity and Diminished Responsibility.
The Relevancy of Diminished Responsibility Diminished Responsibility (In the USA it is called Diminished Capacity) is used to reduce the charge of Murder to Manslaughter thus.
Open Document. Below is an essay on "Diminished Responsibility" from Anti Essays, your source for research papers, essays, and term paper examples. This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. The defence of diminished responsibility.
Free Essay: The Relevancy of Diminished Responsibility Diminished Responsibility (In the USA it is called Diminished Capacity) is used to reduce the charge. The Objectives Of A Diminished Responsibility Law Essay Published: December 1, Historically the primary objective for the insertion of the defence of diminished responsibility into the Criminal Code (Qld) was to mitigate the compulsory death sentence then imposed for a murder conviction.Download