Kennefick, Louise (2011) Introducing a New Diminished Responsibility Defence for England and Wales. The Modern Law Review, 74 (5). pp. 750-766.
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Abstract
A divisive law from the outset, the diminished responsibility defence has continued
to arouse criticism since its inception over fifty years ago under section 2
of the Homicide Act 1957. Increasing pressure from academics, practitioners, and
mental health professionals, among others, to restructure the law has resulted in
a reformulation of the wording of section 2 under the unassuming auspices of
section 52 of the Coroners and Justice Act 2009. This paper examines the new
definition of diminished responsibility on two levels: the broader context and
structural significance of the Act and section 52’s place within it; and, the technical
detail of the section itself. In so doing, consideration is given as to whether
the new law appeases the critics of the old, in addition to whether the Government
has succeeded in bringing to bear its objectives of clarity, fairness and
effectiveness.
Item Type: | Article |
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Keywords: | New Diminished Responsibility Defence; |
Academic Unit: | Faculty of Science and Engineering Faculty of Social Sciences > Law |
Item ID: | 2914 |
Depositing User: | Louise Kennefick |
Date Deposited: | 09 Jan 2012 12:49 |
Journal or Publication Title: | The Modern Law Review |
Publisher: | Blackwell Publishing |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/2914 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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