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Diminished Responsibility In English Law
In English law, diminished responsibility is one of the partial defenses that reduce the offense from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes). This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather than punishment in appropriate cases. Thus, when the ''actus reus'' (Latin for "guilty act") of death is accompanied by an objective or constructive version of ''mens rea'' (Latin for "guilty mind"), the subjective evidence that the defendant did intend to kill or cause grievous bodily harm because of a mental incapacity will partially excuse his conduct. Under s.2(2) of the Homicide Act 1957 the burden of proof is on the defendant to the balance of probabilities. The M'Naghten Rules lack a volitional limb of "irresistible impulse"; diminished responsibility is the volitional mental condition defense in English criminal law. The statutory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Law In The United Kingdom
Mental may refer to: * of or relating to the mind Films * ''Mental'' (2012 film), an Australian comedy-drama film starring Toni Collette * ''Mental'' (2016 film), a Bangladeshi romantic-action film starring Shakib Khan * ''Mental'', a 2008 documentary by Kazuhiro Soda * ''Mental'', a 2014 Odia language remake of the 2010 Telugu film ''Seeta Ramula Kalyanam'' * ''Jai Ho'', a 2014 Indian action drama film originally titled ''Mental'' Other uses * ''Mental'' (TV series), a 2009 TV series produced by Fox Telecolombia * ''Mental'' (album), a 2014 album by KJ-52 *"Mental", a song by Eels from their 1996 album ''Beautiful Freak'' *Mental (Sri Aurobindo), a term in the philosophy of Sri Aurobindo See also * * Mental disability (other) * Mental foramen, an opening on the anterior surface of the mandible * Mental health Mental health is often mistakenly equated with the absence of mental illness. However, mental health refers to a person's overall emotional, psycholog ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Killing Of Richard Challen
On the morning of 14 August 2010, Richard Challen was killed by his wife Georgina "Sally" Challen (née Jenney) in Claygate, Surrey, England. Sally, 56 at the time, beat the 61-year-old retiree with a hammer 20 times, killing him, after he told her not to question him. She then covered the body and left a note that said, "I love you. Sally." The killing occurred in the kitchen of the couple's marital home. On the following day, Sally travelled to Beachy Head, intending to kill herself. She was intercepted by a chaplain who talked her out of it after three hours of discussion. She was initially convicted of murder, but the conviction was later quashed on appeal and she pleaded guilty to manslaughter. The case was the subject of the 2019 BBC Two documentary ''The Case of Sally Challen''. Background Sally, the youngest of five children, was the daughter of a brigadier in the Royal Engineers who died when she was six years old. She was raised by her mother in Surrey and attende ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intoxication Defense
In criminal law, the intoxication defense is a defense (legal), defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Where a crime requires a certain mental state (''mens rea'') to break the law, those under the influence of an intoxicating substance may be considered to have reduced legal liability, liability for their actions. With regard to punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence. Numerous factors affect the applicability of the defense. Variation Society, Societies have varied in their attitudes and Norm (social), cultural standards regarding public Substance intoxication, intoxication, historically based on the relationship between religion and drugs in general, and religion and alcohol in particular. In some instances, consumption of a psychoactive drug, mind-altering substance has formed the basis of religion, religious or other socially approved ceremonies and festiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coroners And Justice Act 2009
The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *Preventing criminals from profiting from publications about their crimes *Abolishing the anachronistic offences of sedition and seditious, defamatory and obscene libel *Re-enacting the provisions of the emergency Criminal Evidence (Witness Anonymity) Act 2008 so that the courts may continue to grant anonymity to vulnerable or intimidated witnesses where this is consistent with a defendant's right to a fair trial *Criminalising possession of cartoon pornographic images depicting both minors as well as adults where the "predominant impression conveyed" is that the individual (being depicted), is that of a child. *Criminalising the holding of someone in slavery or servitude, or requiring them to perform forced or compulsory labour *Provision for the abolition of the office of Corone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
M'Naghten Rules
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test (law), test defining the Insanity defense, defence of insanity that was formulated by the House of Lords in 1843. It is the established standard in UK criminal law. Versions have been adopted in some US states, currently or formerly, and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction: The rule was created in reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as the British Prime Minister Robert Peel, who was the intended target. The acquittal of M'Naghten on the basis of insanity, a hitherto unheard-of defence ''per se'' in modern form, caused a public uproar, with protests from the establishment and the press, even prompting Queen Victoria to write to Robert Peel calling for a "wider interpretation of the verdict". The House o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balance Of Probabilities
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide Act 1957
The Homicide Act 1957 ( 5 & 6 Eliz. 2. c. 11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It further restricted the use of the death penalty for murder to particular enumerated circumstances, under the rubrique of capital murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. The Act was highly controversial as a hodgepodge partial abolition, which categorically deemed all murder by firearm or during theft, for instance, punishable by death, whereas murder via poison or during rape would not. Dissatisfaction from both abolitionists and proponents of capital punishment was a key f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 functions were "diminished" or impaired. Overview 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 murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does not mean that t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
