Evaluation of Diminished Responsibility (:green_cross: (Complications can…
Evaluation of Diminished Responsibility
Law has been modernised and the language is now more reflective of medical terminology
Language can be understood by jurors/ ordinary people
Juries decide 4th element - link between killing and AMF
RMC covers a wide range of conditions
Juries are not suitable on deciding whether there is a link between killing and AMF due to conflicting medical evidence
Burden of proof is on the defence to prove that there is enough evidence etc...
Law prior to 2009 was outdated and difficult for juries to understand
Are juries capable of making decisions of the D's ability to reason etc... this is a subjective question
Not an offence to attempted murder
Can only be raised with agreement of D - carries social stigma 'mad'
Complications can arise when D is also intoxicated - the Dietchmann issue. Jury is left to determine how much of D's drinking was a result of dependency and how much was 'voluntary'
Professor Ashworth - 'Fearsomely difficult question to ask'
Mery killers are not covered by the Law
1) Abnormality of mind
2) Arising from arrested or retarded development, inherent causes or disease or injury
3) Substantially impairs D's mental responsibility
1) Abnormality of mental functioning
2) Arsing from recognised medical condition
3) Substantially impairs D's ability to reason, exercise self control and understand the nature of their acts
4) Proves an explanation for the killing