The Galbraith judgment and the defence of diminished responsibility in Scotland.
New case law on diminished responsibility in Scotland (Galbraith v. HM Advocate 2001) re-defined the defence and clarified the role of expert witnesses. We examined how this judgment affected the use of the defence, provision of expert evidence and the outcome of trials. We studied homicide cases in one area of Scotland in the year before and the year after the new judgment. Results indicated little change in the number of cases where the defence was used, but a difference in how psychiatrists set out their opinions.
Hodelet
Nicola
N
Ailsa Hospital, Dalmellington Road, Ayr, Scotland. Nicola.Hodelet@aapct.scot.nhs.uk
Darjee
Rajan
R
D000293:Adolescent; D000328:Adult; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005260:Female; D005555:Forensic Psychiatry; D006708:Homicide; D006801:Humans; D008297:Male; D008875:Middle Aged; D012606:Scotland; D012941:Social Responsibility