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Association: Name: American Society of Criminology URL: http://www.asc41.com
Citation: URL: http://www.allacademic.com/meta/p66737_index.html Direct Link: HTML Code:

Loughnan, Arlie. "The Defence of Diminished Responsibility in England and Wales" Paper presented at the annual meeting of the American Society of Criminology, Royal York, Toronto, Nov 15, 2005 <Not Available>. 2009-10-26 <http://www.allacademic.com/meta/p66737_index.html>

Loughnan, A. , 2005-11-15 "The Defence of Diminished Responsibility in England and Wales" Paper presented at the annual meeting of the American Society of Criminology, Royal York, Toronto <Not Available>. 2009-10-26 from http://www.allacademic.com/meta/p66737_index.html

Publication Type: Roundtable Abstract: This paper examines the development, construction and operation of the defence of diminished responsibility in the criminal law of England and Wales. Diminished responsibility is a partial defence available to reduce a charge of murder to one of manslaighter. Diminished responsibility has been the focus of a great deal of critical attention from legal academics, law reform commissions and feminist theorists, among others. This paper places the defence in the context of other mental incapacity defences in the criminal law and argues that diminished responsibility must be understood in a wide context, and particularly in relation to the insanity defence. This paper argues that the use of medical evidence in making out the defence of diminished responsibility provides a way of considering aspects of the defendant's context, which itself provides valuable flexibility in the criminal law. At the same time, the apparently technical and limited nature of an inquiry into the defendant's 'mental responsibility' provides some certainty in the nebulous, evaluative process of determining whether a defendant is responsible or non-responsible.

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