What is plea of diminished responsibility?
The Doctrine of Diminished Responsibility was introduced by the Homicide Act of 1957, as a defence to murder. Where a person kills someone or is a party to killing, he will not be guilty of murder if he was suffering from some abnormality of mind and is mentally incapable of taking responsibility for his acts.
What is the difference between diminished capacity and diminished responsibility?
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were “diminished” or impaired.
What is the difference between insanity and diminished responsibility?
Insanity and automatism are most similar in that they both are full defences (with different outcomes) which exist when a defendant does not have the necessary actus reus or mens rea, whereas diminished responsibility is a partial defence which only applies to murder.
What is the legal definition of diminished responsibility?
Diminished Responsibility Law and Legal Definition. Diminished responsibility is a defense sometimes offered in criminal cases that refers to a condition of arrested or retarded development of mind, whether inherent or caused by disease or injury, that substantially impairs a person’s mental responsibility for his/her acts or omissions.
What is the purpose of a diminished capacity plea?
The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a particular crime.
When did diminished responsibility become part of the criminal law?
Diminished responsibility. The case was recently abrogated, however, by enactment of the Criminal Law (Insanity) Act 2006, effective June 1, 2006. The act, in pertinent part, specifically adopted the partial defense for the charge of murder where a successful defense will result in a manslaughter conviction instead of murder.
When does diminished responsibility apply in manslaughter case?
Diminished responsibilityis one of three special defences which exist solely for the offence of murder. It is contained in the Homicide Act 1957as modified by the Coroners and Justice Act 2009. Where the defence of diminished responsibilityis successfully pleaded, it has the effect of reducing a murder conviction to manslaughter.