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Diminished responsibility: the difference it makes.

John Dawson1

  • 1University of Otago.

Journal of Law and Medicine
|October 7, 2003
PubMed
Summary
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The article questions the necessity of diminished responsibility defenses after mandatory life sentences for murder are abolished. It compares legal commission views, suggesting opinions hinge on rules versus discretion in criminal law.

Area of Science:

  • Forensic Psychology
  • Criminal Law

Background:

  • The mandatory life sentence for murder has been abolished.
  • The defense of diminished responsibility is a key feature within the forensic context of criminal law.

Purpose of the Study:

  • To examine the continued validity of the diminished responsibility defense post-abolition of mandatory life sentences for murder.
  • To compare the perspectives of the Law Reform Commissions of New South Wales and New Zealand on this defense.

Main Methods:

  • Review of the central features of the diminished responsibility defense.
  • Analysis of the surrounding forensic context.
  • Comparative review of legal commission viewpoints.

Main Results:

  • The abolition of mandatory life sentences raises questions about the continued relevance of diminished responsibility.

Related Experiment Videos

  • Divergent views exist between the Law Reform Commissions of New South Wales and New Zealand.

    • Conclusions:

    • The ongoing debate on diminished responsibility is influenced by broader legal philosophies.
    • A preference for rules over discretion in criminal law impacts views on the defense's validity.