DR eval

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  • Created by: kxslxy
  • Created on: 25-05-19 12:20

DR eval

Advantages

  • New definition allows room for new developments and can be more easily understood
  • Takes into account both physical and mental illnesses- BWS
  • Reduces the sentence so can help people who are not true killers
  • medical evidence is necessary

Disadvantages

  • Burden of proof is on D which is not usual, therefore it disadvantages D. may be a breach of ECHR- innocent till proven guilty
  • LC said developmental immaturity should be included in under 18's as he brain does not mature till age of 14 and that plays a role in self control. they said learning difficulties were sufficient
  • legal not medical definition
  • juries may not be capable of deciding D's reasoning abilities and in cases of intoxication
  • Social stigma

Evaluation

REFORM- was reformed by CJA 2009. LC said it should be modernised to account for changing medical knowledge- recognised medical condition allows for future developments. Now sets out what must be substantially impaired Byrne 1960

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