Diminished responsibility: the difference it makes.
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.
Dawson
John
J
University of Otago.
D003416:Criminal Law / Q000266:history / Q000331:legislation & jurisprudence*; D049670:History, 17th Century; D049673:History, 20th Century; D006708:Homicide / Q000331:legislation & jurisprudence / Q000523:psychology*; D006801:Humans; D016365:Liability, Legal; D009517:New South Wales; D009520:New Zealand; D006113:United Kingdom