Research on the Defence of Diminished Responsibility

Research on the Defence of Diminished Responsibility Research Proposal Provocation, diminished responsibility and the reasonable (wo)man; the implications of the Law Reform Commission’s recommendations. Introduction The crime of murder is one defined by the common law as the intention to unlawfully kill another human being with malice afore thought. Currently, in England and Wales the legal system does not differentiate between different ‘types’ of murder, such as first and second degree.[1] There are however, defences available to defendants, which could enable either an acquittal (some general defences), or a conviction of some lesser offence (specific defences). Under the Homicide Act 1957 an individual can plead the defences of provocation, diminished responsibility or claim that he or she was involved in a suicide pact. If such defences are successful, this will have the result of bringing a charge of murder down to one of manslaughter and thus, termed ‘voluntary manslaughter’. The first of the two defences have developed a considerable amount of case law and many of these decisions have related to abusive relationships where the abused has killed the alleged abuse r. The law relating to the defence of provocation has held that an individual must have been provoked (by either words or actions), resulting in a total loss of self control,[2] and that a reasonable person in the same situation would have acted in the same manner. The first two aspects of the defence have been referred to as the ‘subjective’ elements and the third part as ‘objective’. The so-called objective element has become more and more subjective in nature. In R v Camplin, Lord Diplock acknowledged that the test was not ‘wholly objective’[3] and in the case of R v Smith (Morgan James)[4] it was asserted that the characteristics of the defendant should be attributed to the ‘reasonable person’ and this includes not only characteristics that had bearing on the actual provocation, but also on the ability of an individual to maintain his or her self control. In context of the so-called ‘battered wife’ cases, the judiciary have also applied this principle.[5] The specific defences outlined above are justified on the basis that in some circumstances, the law should recognise that there are reasons as to why an individual should not be convicted of the more serious offence of murder and thus, subject to a mandatory life sentence. The issue with the provocation defence relating to an individual who has suffered long-term abuse, is that such individuals will not always be able to rely on it as there may be some aspect of pre-meditation. The law has also recognised that such individuals suffering from some ‘abnormality of mind’ may not be fully responsible for his or her conduct and therefore should be convicted of manslaughter instead of murder. The effect of abuse on an individual’s mental state can in certain circumstances, amount to an ‘abnormality of mind’ and thus satisfy the defence of diminished responsibility.[6] The purpose of the proposed research is to examine the current state of the law and look at the way in which abused women are dealt with when charged with murder. In line with the Law Commission’s proposals to reform the law of homicide, the research will also examine the extent to which the proposed change in the law will impact on this area. It is submitted that the current state of the law is not adequate in dealing with such individuals and it remains to be answered as to whether the proposals will make any real difference. The Law Commission’s Consultation Paper proposes to maintain the defence of diminished responsibility and comments that there are no grounds for abolishing the defence based upon arguments that it gender discriminatory. The paper comments at one point: â€Å"Was the abnormality of mental functioning really a substantial cause of the defendant’s conduct if other factors were at work? Or, were the other factors, jealousy, anger, a desire to dominate or punish, the real or predominant explanation, with the abnormality of mind being a minor background factor of inadequate moral significance to affect the verdict?†[7] The research will examine the defence of provocation and the so-called objective element in order to determine how this fits with the nature of a long term build up of abuse suffered by some women. Is there a true ‘loss of control’ in such circumstances and is it appropriate to attribute the full characteristics of such people to the reasonable (wo)man? Furthermore, by also enabling such individuals to plead the defence of diminished responsibility, as the above quote would seem to suggest, is the law simply ‘categorising’ these people to as their conduct is not viewed quite as seriously as a person who commits murder? Thus, the term ‘abnormality of mind’ is not one used in psychiatric terminology and the courts have been left to establish exactly what the phrase means on a case-by-case basis. It seems doubtful as to whether this is a sufficient approach for the law to take. Objectives Analyse the current law relating to the defences of provocation and diminished responsibility and establish how these apply to women in long-term abusive relationships. Present the justifications for the defences and apply them in context of the proposed research theme. Establish the proposed reforms in the area. Critically analyse the proposed reforms in line with the research topic in order to determine whether they are sufficient. Value of the Research Add to the current academic debate in this field. Establish the appropriateness of the Law Commission’s reforms. Personal interest to the researcher. Theoretical research based on literature search and critical analysis. Sources: Domestic legislation, cases in domestic and international jurisdictions Books and periodical articles. Law Commission Reports. Statistics from the Home Office (relating to domestic violence/fatal offences from domestic relationships). Preliminary Plan (Chapters) Abstract Introduction and overview of the topic Analysis of the existing law on provocation/diminished responsibility Analysis of the Law Commission’s proposals for reform Conclusion (including any further suggestions for the direction the law should take for the future). Essential Reading: (As well as the most current academic text books on the subject) Legislation: Homicide Act 1957 Family Law Act 1996 – see Part IV relating to domestic violence provisions Protection From Harassment Act 1997 See also the Law Reform’s paper: The Law Commission Consultation Paper No 177, A New Homicide Act For England And Wales? At http://www.lawcom.gov.uk/docs/cp177_web.pdf Cases: Jersey v Holley [2005] UKPC 23 R v Mohammed [2005] EWCA Crim 180 R v Ahluwalia (1992) 4 All.E.R 889 R v Bedder (1954) 2All.E.R. 801 DPP v Camplin (1978) A.C. 705 R v Duffy [1949] 1 All.E.R 932 R v Newell (1980) 71 Cr.App.R. 331 R v Roberts [1990] Crim.L.R 122 R v Thornton (No.2) (1996) 2 All.E.R 1023 R v Richens (1993) 4 All.E.R 877 R v Humphreys (1995) 4 All E.R 1008 R v Morhall (1995) 3 All E.R 659 R v Luc Thiet Thuan (1996) 2 All E.R 1033 R v Smith (Morgan James) (2000) 4 All. E.R. 289 R v Keaveney (2004) LTL 22.04.04 Extempore – unreported – find it on Lawtel Journals: Toczek, ‘The action of the reasonable man’, (1996) N.L.J. 146, 835 Toczek, ‘Self-control and the Reasonable Man’ (2000) NLJ 150, 1222 Oliver, ‘Provocation and non-violent homosexual advances’ (1999) J.Crim.L. 63(6) 586-592 Thomas, ‘Sentencing: manslaughter – manslaughter by reason of provocation – manslaughter of spouse of partner’ (2003) Crim.L.R. June 414-417 Neal Bagaric, ‘Provocation: the ongoing subservience of principle to tradition’, (2003) J.Crim.L 67(3) 237-256 Gardner, ‘The mark of responsibility’ (2003) O.J.L.S 23(2) 157-171 {N.B – Some psychology literature may be relevant on this topic – search the online journals for killing stemming from domestic violence. Further research will also be needed to obtain further literature – search www.ingenta.com and your university library should be able to order any articles of relevance that they do not have on site/access to online journal. Also search for any recent reviews of the Law Commission’s proposals You may also need to add to this proposal and include a timescale and any further information you wish to add – such as the length of the research (this is obviously information not available)} 1 Footnotes [1] However, see the proposals of the Law Reform Commission: [2] See R v Duffy (1949) 1 All.E.R 932 [3] (1978) AC 705 [4] [2000] 4 All. E.R. 289 [5] See R v Keaveney [2004] EWCA Crim 1091 [6] R v Thornton (No.2) [1996] 2 All.E.R 1023 [7] The Law Commission Consultation Paper No 177, A New Homicide Act For England And Wales? At http://www.lawcom.gov.uk/docs/cp177_web.pdf

Fanny Fern :: Sarah Willis Parton

For my third reaction paper I decided to write about Fanny Fern. Sarah Willis Parton, her real name, was the woman who was perseverant and trusted her own mind and followed her heart to do what she thought was best. Due to her determination she was able to make big achievements, â€Å"†¦one of the first women in the United States to have her own newspaper column, and for years, famous as â€Å"Fanny Fern†Ã¢â‚¬ ¦ (806). She has written many papers like Male Criticism, A Law More Nice Than Just and Fresh Leaves, etc†¦ While reading some of her writings I decided on analyzing a column which she published in 1858, A Law More Nice Than Just. This is a volume that speaks about Fanny Fern and her way of thinking on how men think of women and what are there reactions. The first â€Å"attack† is that women are not allowed to wear pants, this is only an action for men, â€Å"†¦Emma Wilson was arrested yesterday for wearing man’s apparel† (810). Why, should men be the only ones to wear pants, when there is supposed to be equality for both sexes. This is just that, a sexist idea, because women have the same right and that does not make them more or less feminine than those who wear pants, skirts or dresses all the time. Women are expected to be all day home waiting, for what? Who knows, just they know, because when they do go out they have to confront the â€Å"†¦rainy-day philanthropists who are interested in the public study of female anatomy† (810). This is absolutely not fair because when we come to see the ones who are more persistent and can say that they wear pants are the women because in the same example given before about the rainy days, women are the ones who have to suffer day in and day out to maintain a cordial look with there skirts all full of mud and all wet while men have it easier and are going about that they are the independent kind. Fanny shows us her strength of mind while wanting to break boundaries. She will not support the fact that men have it all figured out. But since she is so intelligent, she is a woman of course, she decided to go out dressed as a man, with her husbands clothes. She wore the whole set of

What September 11, 2001 Has Meant To Me :: September 11 Terrorism Essays

On September 11, 2001 our Nation sat and watched in fear and horror as unknown assailants attacked the American people on our own soil, a feat that has not been seen since World War II. The atrocities of this day have evoked an abundance of overwhelming emotions that have spread throughout the world like wild fire. The diversity of my emotions is still pulling me in several different directions, making it difficult for me to place a meaning to September 11, 2001. I like the rest of America watch as countries throughout the world lend support and aid to our country. I watch these events unfold with great pride and relief as foreign nations bond together and aid us in order to fight a common foe. If nothing else good comes out of this atrocity at least we have proved that the majority of this world can come together and work as one. My pride at watching this world come together is not totally felt as I observe our home front. I have spent my entire life traveling this world and for the past ten years have continued that travel as a member of the U.S. Navy. My one regret is the fact that at times I am embarrassed to call myself an American, for in no other country does it take over four thousand deaths and mass destruction for a people to find pride in their Nation. I am disgusted with our Nations sudden patriotic values and ashamed. What have we been teaching our children for the past twenty years? As with so many others my strongest emotion is fear. Fear for what we are getting into and fear that our â€Å"newly found Americans† will prove history right. This is a war to the likes that no one has ever seen and I don’t think Americans, to no fault of their own, realize the true extent of what we are dealing with. I have learned and experienced so many things as a member of the Armed forces. It is this knowledge that every sailor and soldier alike has that allows me to see just how horrific this war could be.

Government Aid in Africa’s Education Essay

America has had a great influence on Africa’s developing education system. The reason I have chosen this article is because it gives a brief look into how American organizations have played a big role in the advancement of Africa’s education. The article informs me that some of the same educational programs African-Americans are provided with in the U. S. were exported to Africa. The cities that already had a decent economy received them first. In the 1970’s Europe and America promoted education to Africa but many rejected the programs. They supported missionary and independent African schools because they provided higher training and education. Within the book, The Boy Who Harnessed the Wind, it states how the books that William borrowed from the library were donated by an American organization. Without those key books on physics and engineering William probably would not be where he is today. This article proves how much of an influence America has had on the rise of Africa’s education. I wanted to know how much assistance did Africa’s education development received from America. The article shows how American organizations have made a great impact in Africa’s education. Unfortunately the article didn’t give me all of the exact information that is needed. Indeed, it states the programs that have basically helped Africa stats its educational foundation. It lacks information on America’s current government help. It also does not tell the current state of Africa’s educational system. Information on more organizations and grants that have helped is also need. Research Improvement Completing this assignment has improved my research strategies exponentially. The school advance search has helped me out a lot with this assignment. At first my research strategies were poor and not at the collegiate level but now they are improved. I believe they will enhance throughout my years in college now. I am extremely proud of myself and thankful for the librarian showing us this great way to do research.

Notes on 5 Different Short Story

Notes on Short Story THE GIFT OF THE MAGI By O. Henry Date: 26 September 2012 Title: The Gift of the Magi Author: William Sydney Porter also known as O. Henry Background of the O. Henry: O. Henry was born on September 11, 1862, in Greensboro, North Carolina. Both his mother and father died before O. Henry turned 20. As a teenager, he worked as a pharmacist’s assistant in his uncle’s drugstore to help support his family. At age 19, he moved to Texas to take advantage of its warmth and dry climate. There he worked at a farm that belonged to a friend of his family’s. Vocabulary: * Instigates: To cause by incitement Subsiding: To sink to a low or lower level * Coax: To attempt to influence by gentle persuasion * Faltered: To hesitate or waver in action, purpose, intent, etc. * Ravages: To work havoc upon * Assertion: A positive statement or declaration, often without reason or support * Tresses: A plait or braid of hair * Ardent: Having, expressive of, or characteriz ed by intense feeling * Dandy: A man who is excessively concerned about his clothes and appearance * Manger: A box or trough in a stable or barn from which horses or cattle eat Setting: Christmas Eve, New York City Characters: Delia Young * James Dillingham Young * Madame Sofronie Literary Devices: * Allusion: â€Å"The magi, as you know, were wise men—wonderfully wise men—who brought gifts to the Babe in the manger. † * Anadiplosis: â€Å"And sixty cents of it was in pennies. Pennies saved one and two†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬  * Polysyndeton: â€Å"†¦Ã¢â‚¬ ¦ a time by bulldozing the grocer and the vegetable man and the butcher. † * Personification: â€Å"The dull precious metal seemed to flash with a reflection of her bright and ardent soul. † * Repetition: â€Å"†¦Ã¢â‚¬ ¦ looked out dully at a gray cat walking a gray fence in a gray backyard. * Simile: â€Å"†¦Ã¢â‚¬ ¦ about her rippling and shining like a cascade of brown wate rs. † * Metaphor: â€Å"Oh, and the next two hours tripped by on rosy wings. † * Situational Irony: Della receives combs for her hair that is no longer there. * Synecdoche: â€Å"White fingers and nimble tore the string and paper†¦Ã¢â‚¬  * Alliteration: â€Å"†¦Ã¢â‚¬ ¦ that life is made up of sobs, sniffles, and smiles. † Symbolism: The symbolism in â€Å"The Gift of the Magi† is based upon the gifts given by Jim and Della. Both Jim and Della gave up a possession the forfeited the importance of the gift they would receive from their spouse.The gifts showing the importance of giving everything of themselves. Theme: * Love * Sacrifice * Wealth * Women and Feminity Point of View: Third Person THE NECKLACE BY: GUY DE MAUPASSANT Date: 10 October 2012 Title: The Necklace Author: Henri Rene Albert Guy De Maupassant Background of the Author: Henri Rene Albert Guy De Maupassant was born on August 5th, 1850 and was declared deceased on July 6th, 1893. He was a French writer known for his short stories, which painted the life of people in the 19th Century of France.He was prolific, published 300 short stories and 6 novels, but he died at a very young age due to physical and mental illness. Vocabulary: * Blundered: A gross, or stupid mistake * Wit: The keen perception and cleverly apt expression of those connections between ideas that awaken amusement and pleasure. * Antechambers: A chamber or room that serves as a waiting room and entrance to a larger room or an apartment * Peopling: Indefinitely or Collectively * Trifled: An article or thing of very little value Setting: Paris, 1880 Character: * Mathilde Loisel * Monsieur Loisel Madame Forestier Literary Devices: * Situational Irony * Authorial Intrusion * Anaphora * Alliteration Symbolism: The Necklace The necklace, beautiful but worthless, represents the power of perception and the split between appearances and reality. Mathilde wants to borrow the necklace from Madame Forestier, but she did not tell Mathilde that it was a fake. Mathilde never underestimated Madame Forestier due to her wealth. Themes: * Wealth * Women and Feminity * Pride * Suffering A Very Old Man with Enormous Wings By: Gabriel Garcia Marquez Date: 31 October 2012Title: A Very Old Man with Enormous Wings Author: Gabriel Garcia Marquez Background of the Author: Gabriel Garcia Marquez was born on March 6th, 1928. He was a writer who grew up listening to family tales. His novels and > have drawn worldwide audiences. He won the Nobel Prize in 1982. After College, he became a journalist who introduced readers to magical realism. Vocabulary: * Stupor: Suspension or great diminution of sensibility; as in disease or as caused by narcotics, intoxicants, etc. Grandeur: The quality or state of being impressive * Dialect: A variety of language that is distinguished from other varieties of the same language by features of phonology, grammar, and vocabulary and by its use by a group of speakers who ar e set off from others geographically or socially. * Bailiff: An officer, similar to a sheriff or a sheriff’s deputy, employed to execute writs and processes, make arrests, keep order in the court, etc. * Reverence: A feeling or attitude of deep respect tinged with awe * Frivolous: Characterize by lack of seriousness or sense * Robust: Strong and Healthy Impertinences: Unmannerly intrusion or presumption Setting: Characters: * The Old Man * Pelayo * Elisenda * Father Gonzaga * The Neighbor Woman * The Spider Woman Literary Devices: * Verbal Irony * Synesthesia * Magical Realism * Onomatopoeia * Allusion Symbolism: * Wings: Wings represent power, speed and limitless freedom in motion. Ironically, the wings of the angel in the story convey only a sense of age and disease. When the village doctor examines the old man, he notices how naturally the wings fit in with the rest of his body.The ultimate effect is to suggest that the old man is both natural and supernatural at once. * T he Spider Woman: The spider woman represents the fickleness with which many self-interested people approach their own faith. Not surprisingly, the old man’s reputation wanes when he proves capable of performing only minor â€Å"consolation miracles†. Themes: * Family * Moral * Religion * Magical Realism The Pedestrian By: Ray Bradbury Date: 7 November 2012 Title: The Pedestrian Author: Ray Bradbury Background of the Author: Ray Bradbury was born on August 22nd, 1920, Waukegan, Illinois.He was an American fantasy and horror author who rejected being categorized as a sci-fi author, claiming that his work was based on the fantastical and unreal. His best known novel is Fahrenheit 451. He is also remembered for other of his popular works including > and >. He was declared deceased just recently, June 5th, 2012 at the age of 91. Vocabulary: * Seams: The line formed by sewing together pieces of cloth, leather, or the like. * Intermittent: Stopping or ceasing for a time * Win try: Of or characteristic of winter * Doot: N/ASetting: November, 2053 A. D. Characters: * Leonard Mead Literary Devices: * Personification * Imagery * Symbolism * Simile * Metaphor * Alliteration * Irony Symbolism: On their way to the psychiatric Center for Research on Regressive Tendencies, they pass Mead’s house. It is ablaze with lights in contrast to the dark city. It is a symbol of hope of vibrant life – light is a universal symbol of hope, but the car is swallowed up once more into the darkness, literally and figuratively. Themes: * Technology * Society loses its humanity * Mankind cease to exist * Distrust and Ultimate Destruction * Propaganda * Pessimistic

A Rose for Emily. Analysis

Jack Wu English 1B – Professor Meehan 03/05/13 â€Å"Rose for Emily† Analysis In â€Å"A Rose for Emily†; William Faulkner details the loneliness and selfishness of peculiar woman, Miss Emily. Miss Emily is unable to grip the idea of death and suffers great deals of denial. After the death of her father, the townspeople expected her to be in a state of grief but alas she is not. Instead she proceeds to say that her father is very well with her, alive. William Faulkner’s idea of grieving is clear in this story because he shows his audience that it is better to accept death than to ignore it through the accounts of Miss Emily’s journey.William Faulkner’s story takes place in the South, during a time period of racial discrimination and major political change. By using reader response criticism, a reader can analyze â€Å"A Rose for Emily† through the aspects of the secret held within the story, race found through anthropology, and gender found through anthropology. To begin with, one can analyze â€Å"A Rose for Emily† by examining the underlying hidden message found within the story. The hidden message that William Faulkner tried to convey in his story was the themes of death and change.Death looms through the story from the beginning right on through to the end as the narrator begins describing the beginning of Miss Emily’s funeral. Miss Emily herself chooses not to accept the fate of death when her extremely controlling father passes away. Miss. Emily later killed Homer to ensure that he would never leave her. This is Miss Emily’s most severe attempt to preserve her life and the time period in which she lived. Miss. Emily believes that having nothing is less painful than grief over something lost. To further examine â€Å"A Rose for Emily† is by analyzing gender, Mr.Faulkner explains the roles of women in the South and how they were seen through the eyes of men. One can clearly see tha t through the opening sentence of the story, the narrator is stating that women gossip while men are caring and serious. This is only one of many passages that show that Mr. Faulkner is attempting to make men the stronger gender. â€Å"Only a man of Colonel Satoris’s generation could have invented it and only a women could have believed it† Faulkner. Colonel Satoris is described as being an ingenious man but in this sentence, Miss Emily’s name isn’t even mentioned when the two are compared.The statement made in this story is that men are the better gender. There are many aspects that were incorporated into â€Å"A Rose for Emily†. William Faulkner was able to create a story involving many ideas about society and how it functioned in a specific time period in the South. To further examine â€Å"A Rose for Emily†, one can use the reader response criticism and analyze the aspects of the hidden message found within the story, gender and race fou nd through anthropology. â€Å"A Rose for Emily† is an important element in literature due to examination of the effects of change created in the olden South.

The Dangers of Television

SUMARY The Dangers of Television by Harriet B Fuller (USA) According to Harriet in the United States, television has played in changing American values as follows. In the 1940s, television was predicted to bring families closer together. Its influence, however, has splintered family relations. The first danger of television, as the author mentions is the lack of as family outings‚ the going of the whole family together such as family take a walk, dine out, go to the cinema are constrain when one or more family members do not go by they want watching more go out.The second danger mentioned by the author is the limitation of family time together at home. The recreational activities before TV include: games, songs, and hobbies. They will replace the time of the occasion for talking in family: debate and talk with family members. The final danger as the author claims is the â€Å"domination† of TV in our daily life. This is â€Å"dominates† the family. The family acti vity depend on TV.In conclusion, the writer gives an alarm that if children watch TV for hours; it has become a pacifier and a baby-sitter. Parents' roles as educators have been replaced by TV, preventing necessary interactions between family members Reaction paragraph According to Harriet in the United States, television it now â€Å"dominates† the family and In my opinion, the writer is completely true. Obviously,I have seen the effects of television on my family and agree with the author of this article.As a child, I can remember watching very little television. The majority of my time was spent outdoors with my family gardening, playing, caring for livestock. However, I did have a younger brother who preferred watching television to joining our family activities. and bad effect to our family. In conclusion, it is significant that we need to consider the dangers of television to our life and future because it effect to family relationship.