ABSTRACT

This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

chapter |8 pages

Introduction

chapter 1|12 pages

The New Diminished Responsibility Plea

More than Mere Modernisation?

chapter 6|18 pages

Loss of Self-Control

When His Anger is Worth More than Her Fear

chapter 8|20 pages

Sexual Infidelity Killings

Contemporary Standardisations and Comparative Stereotypes

chapter 9|16 pages

Killing in Response to ‘Circumstances of an Extremely Grave Character'

Improving the Law on Homicide?

chapter 10|16 pages

The View from Ireland

chapter 11|16 pages

Partial Defences to Murder in Scotland

An Unlikely Tranquillity

chapter 12|24 pages

Anglo-American Perspectives on Partial Defences

Something Old, Something Borrowed, and Something New

chapter 13|24 pages

Provoking a Range of Responses

The Provocation Defence in British Overseas Territories and Crown Dependencies

chapter 17|20 pages

Abnormal Mental State Mitigations of Murder

The US Perspective

chapter 18|14 pages

The Conflation of Provocation and Justification

An Analysis of Partial Defences to Murder in Islamic Law

chapter 21|14 pages

Between Lack of Responsibility and Dangerousness

Determinism and the Specificity of the French Criminal Law on Lack of Intellectual Insight and Loss of Control

chapter 22|18 pages

Diminished Responsibility and Loss of Control

The Perspective of International Criminal Law