AQa A2 Law Unit 3 - Evaluations - Voluntary Manslaughter

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  • Created by: Amy
  • Created on: 18-04-14 20:40

Diminished Responsibility

Outline of the Law

  • Suffering from a Abnormality of mental functioning  
  • Arose from a Recognised medical condition 
  • Which impairs ability to;
  • 1) Understand nature of conduct
  • 2) Form rational judgement 
  • 3) Exercise self control 

Strengths 

  • Provides clarity and modern termonology

Weaknesses 

  • Narrows avalibility for cases ( New Reform)
  • Vaugeness of old law allowed for flexibility in stressful situations ( Non medical)
  • Overlap between Diminished Responsibility and Insanity 

Reforms

  • Include Developmental Immaturity 

 

 

 

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Loss of Control

Outline of Law

  • Defendants act or omission is a result of the loss of control
  • Must have a qualifying trigger
  • A person of the defendants age and gender must have acted in the same way (Objective)

Strengths 

  • Amended sudden loss of control (No longer needs to be sudden)

Weaknesses 

  • Loss of control in serious violence (CandJ)
  • Anything said can be classed as provoking 

Reforms

  • Remove the need for a loss of control 
  • Coroners and Justice Act 

Improvements  - Protects Battered women more ( Final straw scenario)

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