Research on the Defence of Diminished Responsibility

enquiry on the Defence of Diminished ResponsibilityResearch ProposalProvocation, diminished certificate of indebtedness and the reason adapted (wo)man the implications of the Law Reform military missions recommendations.IntroductionThe crime of murder is one defined by the common fairness as the intention to un faithfulnessfully kill virtually other human existence with malice afore thought. Currently, in England and Wales the legal system does not differentiate between different types of murder, such as first and morsel degree.1 There are however, disproofs available to defendants, which could enable either an acquittal ( near(prenominal) full general defensive measures), or a conviction of some lesser offence (specific defences). to a lower place the Homicide behave 1957 an someone can plead the defences of discomfort, diminished responsibility or claim that he or she was involved in a egotism-annihilation pact. If such defences are successful, this will project the result of bringing a charge of murder down to one of manslaughter and thus, termed voluntary manslaughter. The first of the dickens defences have developed a considerable amount of case fairness and m both of these decisions have related to abusive relationships where the cursed has killed the alleged abuser.The equity relating to the defence of exhortation has held that an person must have been provoked (by either words or actions), resulting in a total loss of self control,2 and that a reasonable person in the same situation would have acted in the same manner. The first two aspects of the defence have been referred to as the adequate to(p)ive elements and the third part as butt. The so-called objective element has become more and more subjective in genius. In R v Camplin, Lord Diplock acknowledged that the test was not all in all objective3 and in the case of R v Smith (Morgan James)4 it was asseverate that the characteristics of the defendant should be attributed to the reasonable person and this includes not only characteristics that had bang on the actual provocation, but also on the ability of an item-by-item to maintain his or her self control. In context of the so-called batter wife cases, the judiciary have also applied this principle.5The specific defences depict above are justified on the basis that in some circumstances, the jurisprudence should recognise that there are reasons as to why an individual should not be convicted of the more serious offence of murder and thus, subject to a mandatory life sentence. The issue with the provocation defence relating to an individual who has suffered long-term abuse, is that such individuals will not always be able to rely on it as there may be some aspect of pre-meditation. The integrity has also recognised that such individuals suffering from some abnormality of caput may not be fully amenable for his or her postulate and therefore should be convicted of manslaughter instead of murd er. The effect of abuse on an individuals mental state can in certain circumstances, amount to an abnormality of mind and thus satisfy the defence of diminished responsibility.6The purpose of the proposed research is to examine the circulating(prenominal) state of the fair play and look at the way in which abused women are dealt with when supercharged with murder. In line with the Law armorial bearings proposals to reform the law of homicide, the research will also examine the extent to which the proposed change in the law will impact on this area. It is submitted that the current state of the law is not adequate in dealing with such individuals and it remains to be answered as to whether the proposals will make any real difference.The Law outfits Consultation Paper proposes to maintain the defence of diminished responsibility and comments that there are no grounds for abolishing the defence based upon arguments that it sexual activity discriminatory. The paper comments at one pointWas the abnormality of mental cognitive operation really a substantial cause of the defendants conduct if other factors were at work? Or, were the other factors, jealousy, anger, a desire to loom or punish, the real or predominant explanation, with the abnormality of mind being a minor background factor of inadequate moral consequence to affect the verdict?7The research will examine the defence of provocation and the so-called objective element in order to determine how this fits with the nature of a long term build up of abuse suffered by some women. Is there a true loss of control in such circumstances and is it appropriate to attribute the full characteristics of such state to the reasonable (wo)man? progressmore, by also enabling such individuals to plead the defence of diminished responsibility, as the above quote would look atm to suggest, is the law precisely categorising these people to as their conduct is not viewed quite as poorly as a person who commits murd er? Thus, the term abnormality of mind is not one used in psychiatric terminology and the courts have been left to make exactly what the phrase means on a case-by-case basis. It seems doubtful as to whether this is a sufficient approach for the law to take.ObjectivesAnalyse the current law relating to the defences of provocation and diminished responsibility and establish how these apply to women in long-term abusive relationships.Present the justifications for the defences and apply them in context of the proposed research theme.Establish the proposed reforms in the area.Critically analyse the proposed reforms in line with the research topic in order to determine whether they are sufficient.Value of the ResearchAdd to the current academic debate in this field.Establish the appropriateness of the Law outfits reforms.Personal busy to the researcher.Theoretical research based on literature search and particular analysis.SourcesDomestic legislation, cases in domestic and internatio nal jurisdictionsBooks and periodical articles.Law Commission Reports.Statistics from the Home Office (relating to domestic violence/fatal offences from domestic relationships). antecedent Plan (Chapters)AbstractIntroduction and overview of the topicAnalysis of the existing law on provocation/diminished responsibilityAnalysis of the Law Commissions proposals for reformConclusion (including any nevertheless suggestions for the direction the law should take for the future).Essential Reading(As well as the most current academic text books on the subject)LegislationHomicide Act 1957Family Law Act 1996 see Part IV relating to domestic violence provisions security measure From Harassment Act 1997See also the Law Reforms paper The Law Commission Consultation Paper No 177, A New Homicide Act For England And Wales?At http//www.lawcom.gov.uk/docs/cp177_web.pdfCasesJersey v Holley 2005 UKPC 23 R v Mohammed 2005 EWCA Crim 180 R v Ahluwalia (1992) 4 entirely.E.R 889 R v Bedder (1954) 2All.E.R . 801 DPP v Camplin (1978) A.C. 705 R v Duffy 1949 1 All.E.R 932 R v Newell (1980) 71 Cr.App.R. 331 R v Roberts 1990 Crim.L.R 122 R v Thornton (No.2) (1996) 2 All.E.R 1023 R v Richens (1993) 4 All.E.R 877 R v Humphreys (1995) 4 All E.R 1008 R v Morhall (1995) 3 All E.R 659 R v Luc Thiet Thuan (1996) 2 All E.R 1033 R v Smith (Morgan James) (2000) 4 All. E.R. 289 R v Keaveney (2004) LTL 22.04.04 extempore unreported find it on LawtelJournalsToczek, The action of the reasonable man, (1996) N.L.J. 146, 835 Toczek, self-command and the Reasonable Man (2000) NLJ 150, 1222 Oliver, Provocation and non-violent homosexual advances (1999) J.Crim.L. 63(6) 586-592 Thomas, Sentencing manslaughter manslaughter by reason of provocation manslaughter of spouse of partner (2003) Crim.L.R. June 414-417 Neal Bagaric, Provocation the ongoing subservience of principle to customs duty, (2003) J.Crim.L 67(3) 237-256 Gardner, The mark of responsibility (2003) O.J.L.S 23(2) 157-171N.B Some psychology literature may be relevant on this topic search the online journals for killing stemming from domestic violence.Further research will also be needed to obtain further literature search www.ingenta.com and your university library should be able to order any articles of relevance that they do not have on site/ nark to online journal. Also search for any recent reviews of the Law Commissions proposalsYou may also need to add to this proposal and include a timescale and any further information you wish to add such as the length of the research (this is obviously information not available)1Footnotes1 However, see the proposals of the Law Reform Commission2 See R v Duffy (1949) 1 All.E.R 9323 (1978) AC 7054 2000 4 All. E.R. 2895 See R v Keaveney 2004 EWCA Crim 10916 R v Thornton (No.2) 1996 2 All.E.R 10237 The Law Commission Consultation Paper No 177, A New Homicide Act For England And Wales? At http//www.lawcom.gov.uk/docs/cp177_web.pdf