In legal systems based on
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, a partial defence is a
defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indust ...
that does not completely absolve the defendant of guilt.
Aclaim of
self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force i ...
, for example, may be a complete defence to a charge of
murder, leading to an
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 ...
; or it may be a partial defence, which leads to conviction to a lesser
verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wal ...
, such as
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ...
.
In England and Wales, successfully pleading a partial defence for
murder may reduce the conviction to
voluntary manslaughter
Voluntary manslaughter is the killing of a human being in which the offender acted during ''the heat of passion'', under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they canno ...
. There are three types of partial defence -
loss of control,
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 ...
and
suicide pact
A suicide pact is an agreed plan between two or more individuals to die by suicide. The plan may be to die together, or separately and closely timed.
General considerations
Suicide pacts are an important concept in the study of suicide, and h ...
. These defences can only be applied to the charge of murder as per section 54 of the ''
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 public ...
''.
References
Criminal defenses
Criminal law of the United Kingdom
Common law legal terminology
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