In
criminal law, irresistible impulse is a
defense by
excuse
In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012 ...
, in this case some sort of
insanity
Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...
, in which the defendant argues that they should not be held
criminally
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
liable
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agenc ...
for their
action
Action may refer to:
* Action (narrative), a literary mode
* Action fiction, a type of genre fiction
* Action game, a genre of video game
Film
* Action film, a genre of film
* ''Action'' (1921 film), a film by John Ford
* ''Action'' (1980 fil ...
s that broke the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
, because they could not control those actions, even if they knew them to be wrong.
It was added to the
M'Naghten rule as a basis for
acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
in the mid 20th century.
[
In 1994, ]Lorena Bobbitt
Lorena may refer to:
*Lorena (name), a given name
*Lorena (footballer), Brazilian footballer
* Lorena (singer), Spanish pop singer
In arts and entertainment
* ''Lorena'' (album), a 2007 album by Spanish singer Lorena
* "Lorena" (song), an 1856 s ...
was found not guilty when her defense argued that an irresistible impulse led her to cut off her husband
A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures ...
's penis
A penis (plural ''penises'' or ''penes'' () is the primary sexual organ that male animals use to inseminate females (or hermaphrodites) during copulation. Such organs occur in many animals, both vertebrate and invertebrate, but males d ...
.
The ''Penal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
'' of the U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the ...
states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of ... diminished responsibility
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 f ...
or irresistible impulse..."
The "policeman at the elbow" test is a test used by some court
A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
s to determine whether the defendant was insane
Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...
when they committed a crime. It is a variant of the M'Naghten Rules that addresses the situation in which the defendant knew that what they were going to do was wrong, but had no ability to restrain themself from doing it. The test asks whether they would have done what they did even if a police officer
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
were standing at their elbow
The elbow is the region between the arm and the forearm that surrounds the elbow joint. The elbow includes prominent landmarks such as the olecranon, the cubital fossa (also called the chelidon, or the elbow pit), and the lateral and the m ...
, hence its name.
Irresistible impulse in English law
In English law the concept of "irresistible impulse" was developed in the 1960 case ''R v. Byrne''. The appellant (described as a violent sexual psychopath) strangled then mutilated a young woman, it was alleged that Byrne suffered from violent and perverted sexual desires which he found impossible to control. Lord Parker C.J. broadened the definition of "abnormality of mind" to include those lacking "the ability to exercise will-power to control acts in accordance with heirrational judgment".
"Irresistible impulse" can be pleaded only under the defense of diminished responsibility
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 f ...
, not under the defense of insanity. Thus it operates only as a partial defence
In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt.A
c ...
to murder,[ Murder in English law#Partial defences] reducing the charge to manslaughter, and giving the judge discretion as to length of sentence and whether committal
In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions except the United States. The committal procedure, sometimes known as a pr ...
would be more appropriate than incarceration.
See also
* Impulse control disorder
Impulse-control disorder (ICD) is a class of psychiatric disorders characterized by impulsivity – failure to resist a temptation, an urge, or an impulse; or having the inability to not speak on a thought. Many psychiatric disorders feature imp ...
* ''Anatomy of a Murder
''Anatomy of a Murder'' is a 1959 American courtroom drama and crime film produced and directed by Otto Preminger. The screenplay by Wendell Mayes was based on the 1958 novel of the same name written by Michigan Supreme Court Justice John D. ...
''
References
External links
*
*
Mental health law
Criminal defenses
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