Diminished responsibility: the difference it makes.

John Dawson

Home/Archive/PubMed

PubMed · 14526730

Diminished responsibility: the difference it makes.

John Dawson

View original source ↗Export metadata ↓

Abstract

Should there be a defence of diminished responsibility after the mandatory life sentence for murder has been abolished? This is the main question posed in this article, on the basis of a review of the central features of the defence and its surrounding forensic context. The views of the defence taken by the Law Reform Commissions of New South Wales and New Zealand are then compared. In conclusion, it is argued that opinions about the continuing validity of the defence of diminished responsibility are bound to be influenced by wider positions taken on the value of rules, as opposed to discretion, in the criminal law.

Explore related subjects

Criminal Law History, 17th Century History, 20th Century Homicide Humans Liability, Legal New South Wales New Zealand United Kingdom Comparative Study Historical Article Journal Article Legal Case Review

Keep this discovery

Explore connections, maps & timelines

BibTeX RIS

John Dawson. 2003. Diminished responsibility: the difference it makes.. https://pubmed.ncbi.nlm.nih.gov/14526730/

Cite the original work for its findings. Save a collection to share your selection of sources.

KEEP EXPLORING

Related citations

PubMed2004

Predicting treatment noncompliance among criminal justice-mandated clients: a theoretical and empirical exploration.

Compliance with therapeutic regimens constitutes an important but infrequently studied precursor of treatment engagement and is a necessary condition of successful treatment. This study builds on recent treatment process research and provides a theory-driven analysis of treatment compliance. Five hypotheses are formulated to predict treatment noncompliance among criminal justice-mandated clients. These hypotheses tap different determinants of treatment progress, including physical prime, supportive social network, conventional social involvement, treatment motivation, and risk-taking propensity. Data from 150 addicted felons participating in a diversion program are analyzed to test the hypotheses. Predictors related to these hypotheses correctly identify 58% of the fully compliant clients and 55-88% of the noncompliant clients. Most hypotheses are at least partially corroborated and a few strong correlates emerge across analyses. Clients in their physical prime, those with poorer social support, and those lacking internal desires for change were found especially likely to violate treatment program rules. Clinical implications are discussed.

Criminal Law↗

PubMed2004

Judge and jury, or judge alone. The Lund Lecture delivered to the British Academy of Forensic Sciences at the Royal College of Physicians, 22 October 2003.

Explore the source record for details and available documents.

Criminal Law↗

PubMed2004

The Dutch Euthanasia Act and related issues.

In 2002 the Dutch Euthanasia Act came into force. This Act is the result of a lengthy developmental process. It codifies the requirements that have evolved in case law and medical ethics since 1973. Empirical data indicate that the Dutch euthanasia practice is stabilising. Euthanasia and assisted suicide occur in 2.7% of all deaths. Now that the Act has been passed, the focus is on improving the quality of medical decision-making. From an international perspective, the Dutch legislation is exceptional. However, it appears that other countries and international organisations are considering euthanasia legislation as well. It remains to be seen how influential the Dutch model will prove to be.

Criminal Law↗