AQa A2 Law Unit 3 - Evaluations - Voluntary Manslaughter

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 

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)