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Diminished responsibility--a psychiatric viewpoint.

L P Kok1, M Cheang, K T Chee

  • 1Department of Psychological Medicine, National University of Singapore.

Annals of the Academy of Medicine, Singapore
|November 1, 1989
PubMed
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Diminished responsibility in homicide cases acknowledges that mental disorders can reduce accountability. A survey of psychiatrists revealed insights into defining mental abnormality and its impact on criminal responsibility.

Area of Science:

  • Forensic Psychiatry
  • Criminal Law
  • Psychopathology

Background:

  • The legal defense of diminished responsibility posits that a mental disorder may partially excuse a homicide.
  • Success requires demonstrating an abnormality of mind substantially impairing the accused's responsibility.
  • Existing psychiatric classifications do not easily accommodate these legal concepts.

Purpose of the Study:

  • To explore expert psychiatric viewpoints on mental abnormality and diminished responsibility.
  • To bridge the gap between psychiatric understanding and legal application in homicide cases.

Main Methods:

  • A survey was conducted among nine senior psychiatrists.
  • These psychiatrists regularly serve as expert witnesses in court.

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Main Results:

  • The survey elicited psychiatrists' perspectives on the criteria for mental abnormality.
  • It gathered their views on how mental abnormality affects criminal responsibility.

Conclusions:

  • Expert psychiatric opinion is crucial in interpreting "abnormality of mind" for diminished responsibility pleas.
  • Clarifying these concepts can improve the application of law in cases involving mental disorder.