The Relevancy of Diminished Responsibility Essay

No Works Cited
Length: 3517 words (10 double-spaced pages)
Rating: Blue      
Open Document
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The Relevancy of Diminished Responsibility

Diminished Responsibility (In the USA it is called Diminished
Capacity) is used to reduce the charge of Murder to Manslaughter thus
allowing the judge more discretion in sentencing. To many the idea of
a person having diminished responsibility to a crime is a problem at
an emotional and rational level : after all we often do not agree what
the mind is !

Some see the defence as a conspiracy of the legal and medical
professions to release increasingly guilty offenders into the
community and that this conspiracy is driven by money and socialists.
Victims and their relatives certainly take a dim view of the mental
defences and see society in terms of becoming increasingly lawless and
heading for Armageddon . Philosophers and theologians point out that
we really know very little about anything, and what is truth anyway ?

Moore in Act and crime discusses the connection of Volition and Act
and whether in fact volitions are an essential source of action . " If
however, volition is taken to refer to a faculty of will that as an
object causes bodily movements, then we must think that person
possesses a kind of unique causal power." 1 That is, is there a sort
of desire or wish? However there is the problem of whether volition is
an active state in the mind or whether it is a mental state, like a
thought , that just comes to one. Moore puts it as "Volitions are
simply the last executors both of our more general intentions and of
the background states of desire and belief that those more general
intentions themselves execute." 2 . This does not consider the
connections between the object of the v...

... middle of paper ...

...rsation with Dr John Mendenhall, MD ( via e-mail )
Psychiatric Association of Great Falls 2800 11th Ave South #23 Great
Falls, MT 59404

8 Victorian Law Reform Commission (Australia) , Report No 34

9 Draft of the Criminal law Consolidation ( Mental Impairment )
Amendment Bill (No 1) 1994 . South Australian State Government .

10 Ibid No 53

11 CampbellD T , " Mental Health Law: Institutionalised Discrimination
" Australian and New ZealandJournal of Psychiatry 1994 ,Vol 28, No 4

12 Roseman S, "Mental Health Law : an idea whose time has passed "
Australian and New Zealand Journal of Psychiatry 1994 Vol 28, No4 P

13 Weinstock R , " Retention of Imperfect Self- Defense In California
Diminished Capacity despite Elimination of Diminished Capacty "
Newsletter AAPL , Vol 19 No3 , December 1994 p57

Click the button above to view the complete essay, speech, term paper, or research paper

This essay is 100% guaranteed.

Title Length Color Rating  
Automatism, Insanity and Diminished Responsibility Essay example - A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability from a criminal offence. Insanity, automatism and diminished responsibility are examples of said defences. They each share characteristics but can be distinguished in their scope and application. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime....   [tags: Diminished Responsibility Essays] 1568 words
(4.5 pages)
Powerful Essays [preview]
Comparing and Contrasting the Differences of Insanity, Automatism and Diminished Responsibility - There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse....   [tags: Criminal Justice]
:: 9 Works Cited
1543 words
(4.4 pages)
Powerful Essays [preview]
Competency, Sanity and Diminished Capacity Essay - A court system must observe and consider certain issues when a person stands trial in a court of law. Some of these issues involve competency, sanity and diminished capacity among other issues. These issues influence the decision of the court regarding the offence that the accused faces. For a court of law to make its decision, it has to ensure that the accused is in an acceptable state of health condition. There are certain standards that the court uses to determine competency level of the accused....   [tags: Criminal Law Essays] 1479 words
(4.2 pages)
Powerful Essays [preview]
The Relevancy of the Heartland Essay - The Relevancy of the Heartland - Hinterland Distinction in Canada's Economic Geography Until the early 20th century, Canada was primarily an agricultural nation. Since then it has become one of the most highly industrialized countries in the world as a direct result of the development of the ‘heartland'. To a large extent the manufacturing industries present in the heartland are supplied with raw materials produced by the agricultural, mining, forestry, and fishing sectors of the Canadian economy, a region known as the ‘hinterland'....   [tags: essays research papers fc]
:: 1 Works Cited
1137 words
(3.2 pages)
Strong Essays [preview]
Corporate Social Responsibility Essay - Chapter I: Introduction 1.1 Background Corporate social responsibility according to Henderson (2001) can be defined as the commitment of organizations to help society by improving working and living conditions of employees, their families, and the community as a whole. The use of CSR as a discipline has its foundation on past centuries, when some kind of social awareness was practiced by companies at the time, nevertheless most authors concur that from the 1960’s onwards, the developmental pace of the subject increase considerably and it became the real basis in which CSR stands in current times, each of the last five decades has played an important role for the discipline, especial...   [tags: Social Responsibility Essays] 1275 words
(3.6 pages)
Strong Essays [preview]
The Responsibility of the Individual to the Community Essay - More than a destination at the end of the day, a community is a place people feel at home and a place where people want to feel safe at. Community responsibilities area unit a personality's duties or obligations to the community and embody cooperation, respect and participation. The thought goes on the far side thinking and acting as people to common beliefs concerning shared interests and life. A basic community responsibility is voting in elections. Being socially accountable means folks and organizations should behave ethically and with sensitivity toward social, cultural, economic and environmental problems....   [tags: Social Responsibility]
:: 7 Works Cited
1162 words
(3.3 pages)
Strong Essays [preview]
The Sense of Responsibility Essay examples - ... On the other hand, the 99% cannot do as they choose because they are at a lower position where they are forced to face the consequences of their actions. When Wilson immediately obeys, “I don’t mean that” (Fitzgerald 25), he appears subservient because he willingly accepts Tom’s abuse to support his family, which he deems more important than a senseless backlash against Tom. It is also evident that the working class has a substantial sense of responsibility, because Wilson is so busy working at the garage that he becomes oblivious to the fact that his wife, Myrtle, is having an affair....   [tags: great gatsby, responsibility, fitzgerald] 955 words
(2.7 pages)
Better Essays [preview]
Corporate and Individual Social Responsibility Essay - Social responsibility is a moral principle of an entity, be it an organisation or individual, to act towards betterment of society at large. It is a duty that every firm and individual should perform so as to maintain the balance between the environment and economy. Their actions should lead towards sustainable development so as to safeguard the interests of the coming generations and at the same time fulfilling the needs of present population. The responsibility can be active, by performing activities that directly advance social goals, or passive, by avoiding any engagement in socially harmful act....   [tags: Social Responsibility Essays] 372 words
(1.1 pages)
Strong Essays [preview]
Corporate Social Responsibility (CSR), also known as Corporate Responsibility, and Corporate Citizenship - Corporate Social Responsibility (CSR), also known as Corporate Responsibility, and Corporate Citizenship Because society is fundamentally based upon performance and profit, it is necessary to impart a sense of corporate social responsibility with regard to modern commerce. The ethical approaches of purpose, principle and consequence are integral components of business social performance; itemizing these contributions involves incorporating the interests of ethics and morality within the corporate structure....   [tags: Corporate Responsibility] 1292 words
(3.7 pages)
Strong Essays [preview]
Academic Relevancy Essay - Academic Relevancy Meeting the educational needs of all students is a challenging task for educators. This task is intensified when the student has learning, and/or physical disabilities. A learning disability is defined as "any of various conditions, thought to be associated with the nervous system, that cause difficulty in mastering a basic skill such as reading" (Wordsmyth, 2000). A physical disability is defined as "the condition or state of incapacity, esp. as caused by an injury, congenital defect, illness, or the like" (Wordsmyth, 2000)....   [tags: essays papers] 1718 words
(4.9 pages)
Strong Essays [preview]