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Rethinking English Homicide Law$
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Andrew Ashworth and Barry Mitchell

Print publication date: 2000

Print ISBN-13: 9780198299158

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299158.001.0001

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Diminished Responsibility and Mentally Disordered Killers

Diminished Responsibility and Mentally Disordered Killers

(p.55) 3 Diminished Responsibility and Mentally Disordered Killers
Rethinking English Homicide Law

R. D. Mackay

Oxford University Press

This chapter discusses the often untouched side of investigating the case against the accused of homicide or murder, namely mental illness and the concept of diminished responsibility. It highlights the general idea of the grasp of the law with accused persons with limited or hindered faculties. An idea presented in the chapter is if the act of murder itself was brought about by the accused's limited grasp of perception, or, rather, fueled by emotion that drove them to commit the act, which in hindsight would be comparable to one that would seem to have hindered mental capacity. The chapter presents cases from other countries and compares them substantially so as to critique the Homicide Bill and the motivation for its reformation.

Keywords:   murder, homicide, mentally disabled, homicide bill, emotions, mental responsibility

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