In ENGLISH LAW, why are diminished responsability and provocation beneficial for the defendant or have they?

Question

been taken to too much extremes and allow anybody to get away with murder. Please quote cases and give both sides of the argument. The more detail the better!! Thanks

I have done my coursework, just need a summary!!

Answer 1

Diminished responsibility is being in a state of mind that is considered out of the ordinary such as truama and shock, provocation is being provoked such as being attacked physically or mentally i.e. a man beating his wife. in English law u need not prove any of the 2, but the defense can create reasonably doubt which is good enough for a manslaughter conviction rather than murder. its the procsecution's job to prove guilt not the defense to prove innocence>>>> jus reasonable doubt can get u off the hook.

provocation and dimished capacity is ambiguous since no one can really prove the persons state of mind, jus witness to say that the victim may have provoked his her attacker. nevertheless its kinda a hard thing to prove.

Answer 2

Hello again Ms Soni,

I gave you an outline answer and the relevent case law in your last question on this subject.

What you need to do is look at the recent law journals that will give you balanced views.

If you have an athens account then get into lexis professional. This is a great source for journal articles for all law subjects.

Unfortunately the study of law means hours at the library, I know this because I have just graduated with my LLB.

I know the answer you are looking for, I have it in front of me now but I'm not prepared to write it all out for you. You already have the info you need, just draw your own conclusions and say why you arrived at it.

Course work is one thing but only you can sit the exams!!

Answer 3

Generally diminished capacity and provocation are incomplete (also called imperfect) defenses. In other words, they are grounds to reduce the sentence, but not grounds for getting off the hook entirely.

As far as writing hundreds of pages discussing the issue, and citing case which vary by state and country, your local law library already has dozens of such books.

Answer 4

To be declared of diminished responsibility(Mentally ill), you have to have been assessed by a qualified doctor of reputation in that field.You cant just walk into court and say you are mentally ill. There are checks and balances for this type of defence. Most people who use this defence are declared ill by doctors well before they get into court. And most do not agree with this because they are too zonked to know what it all means.

Answer 5

Ask Police women, she is training to be a solicitor, cough, cough.
Because it fools the gullible members of the Jury, and having recently served on one, I know. ie, oh he,s got lovely eyes, he can't be guilty.

Answer 6

Sounds like you should be doing your own homework!!