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homocide
voluntary manslaughter
diminished responsibility
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georgia
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Cards (13)
What is diminished responsibility in legal terms?
It refers to an
abnormality
of
mental
functioning,
caused by a
recognised
medical
condition
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What causes an abnormality of mental functioning?
It is caused by a
recognised
medical
condition.
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How does diminished responsibility affect a defendant's understanding of their actions?
It causes the defendant to not understand the
nature
of their
conduct
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What abilities are impaired due to diminished responsibility?
It impairs the ability to
exercise
self-control or form
rational
judgment.
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What does the case of
Dietschmann
establish regarding intoxication?
Intoxication doesn't affect the offence as long as it
doesn't
contribute to
impairment.
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What does the case of
Wood
state about
alcohol
dependency
syndrome?
Intoxication from alcohol dependency syndrome is
considered
diminished responsibility.
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How is mental illness defined in the case of
Wilcocks?
Mental
illness
is considered an abnormality of mental functioning, such as
schizophrenia.
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What is required for significant
impairment
according to
Moyle?
There must be
significant
impairment of mental functioning.
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What does
Golds
state about the level of impairment for diminished responsibility?
The
impairment
must be more than
trivial
or
minimal.
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What does
S2
of the
Homicide
Act
1957
pertain to?
It pertains to the definition of diminished responsibility.
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How was the Homicide Act 1957
amended?
It was amended by
S52
of the
Coroners
and
Justice
Act
2009.
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What are the key components of diminished responsibility?
Abnormality
of
mental
functioning
Caused by a
recognised
medical
condition
Impairs understanding the
nature
of their
conduct,
ability to
excercise
self-control
, or form
rational
judgment
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How do the cases of Dietschmann, Wood, Wilcocks, Moyle, and Golds contribute to the understanding of diminished responsibility?
Dietschmann:
Intoxication must not contribute to
impairment
Wood:
Alcohol dependency syndrome qualifies for diminished responsibility
Wilcocks:
Mental
illness
is an abnormality of mental functioning
Moyle:
Significant impairment is necessary
Golds:
Impairment must be more than
trivial/minimal
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