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Murder in the Shadow of The Mental Disorders: Has the UK's 2009 Law Taken the Right Path?
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Amir Mohamad Mahrokh   |
| Master of Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz, Iran & --- |
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Abstract: (15 Views) |
Background and Aim: This paper aims to examine the "diminished responsibility" defense within the English legal system and analyze the impact of the Coroners and Justice Act 2009 reforms on this partial and special defense. The primary objective is to assess how this defense is applied in cases of murder and to evaluate the influence of medical evidence and mental conditions on the reduction of the defendant’s responsibility.
Materials and Methods: The research methodology is descriptive-analytical, based on a review of legal texts, relevant statutes, and an analysis of key court cases, including Byrne (1960), Dietschmann (2003), and Wood (2008).
Ethical Considerations: All ethical principles have been followed in writing this article.
Findings & Conclusion: The findings reveal that the 2009 legal reform, by providing a clearer definition of mental disorder and emphasizing the substantial impairment of the ability to understand behavior, make rational judgments, and exercise self-control, has contributed to clarifying the diminished responsibility defense. However, the analysis of cases indicates that courts still face challenges in interpreting and applying this defense, especially concerning voluntary intoxication and alcohol dependency. The conclusion highlights that the diminished responsibility defense plays a vital role in ensuring criminal justice and preventing unfair sentencing. Nevertheless, the need for more precise standards in assessing medical and psychiatric evidence remains essential to prevent the misuse of this defense. |
Article number: 5 |
| Keywords: Voluntary Manslaughter, Diminished Responsibility, Abnormality of Mental Functioning, Recognized Medical Condition |
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Full-Text [DOCX 85 kb]
(7 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/03/15 | Revised: 2025/03/15 | Accepted: 2025/03/18 | Published: 2025/06/22
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