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PubMed · 14526730

Diminished responsibility: the difference it makes.

John Dawson
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Abstract

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.

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Criminal LawHistory, 17th CenturyHistory, 20th CenturyHomicideHumansLiability, LegalNew South WalesNew ZealandUnited KingdomComparative StudyHistorical ArticleJournal ArticleLegal CaseReview

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John Dawson. 2003. Diminished responsibility: the difference it makes.. https://pubmed.ncbi.nlm.nih.gov/14526730/

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