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Diminished responsibility and the drug scene.

R J Trott

    British Journal of Addiction
    |February 1, 1992
    PubMed
    Summary

    This article examines the Homicide Act 1957, focusing on "abnormality of mind" defenses in murder cases. It explores expert interpretation of "disease" and "injury," particularly concerning drug-induced states.

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    Area of Science:

    • Forensic Psychiatry
    • Criminal Law
    • Psychology

    Background:

    • The Homicide Act 1957, Section 2, addresses defenses related to abnormality of mind in murder cases.
    • Judicial interpretations of 'disease' and 'injury' present challenges for expert witnesses.

    Purpose of the Study:

    • To analyze the application of Section 2 of the Homicide Act 1957.
    • To explore the role and difficulties of expert interpretation of 'disease' and 'injury' in legal contexts.
    • To examine whether temporary brain injury from substances can constitute a defense.

    Main Methods:

    • Review of legal provisions (Homicide Act 1957, S.2 (1)-(3)).
    • Analysis of judicial interpretations and case law.
    • Discussion of expert witness testimony and its challenges.
    • Case study illustration involving voluntary drug use (LSD, cannabis).

    Main Results:

    • The article highlights ambiguities in defining 'disease' and 'injury' under the Act.
    • It questions whether the Act implicitly requires permanent or non-self-induced injury for a successful defense.
    • Similarities are drawn between drug-induced states and other forms of mental impairment.

    Conclusions:

    • The interpretation of 'abnormality of mind' requires careful consideration of the cause and nature of mental impairment.
    • The legal framework may need to accommodate temporary, substance-induced brain injuries as valid defenses.
    • Expert witnesses face significant challenges in applying medical concepts to legal definitions.

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