Diminished Responsibility

• What is it?

  • when the law is applied differently due to you circumstance/medical condition
  • can reduce the charge and change the sentence
  • the burden of proof is on the defence and the standard of proof is on the balance of probabilities
• Which theory informs the policy?

  • Raine and Scerbo: Neurochemicals
  • Raine: Brain Abnormality
• Application

  • Felicia Boots: killed her children whilst suffering with post natal depression, received a 2 year sentence in a psychiatric hospital on manslaughter charges
• Arguments For

  • recognises people with medical proof of a mental abnormality may not be fully responsible so need a different conviction
  • supports Raine's brain abnormality theory
  • supports Raine and Scerbo's neurochemical theory
• Arguments Against

  • doesn't give justice towards the victim's family
  • unfair that people can use it to lesser their conviction
• Does it Work?

  • may get people the psychiatric help and prevent reoffending
  • may not reduce crime as someone who uses this defence is likely to get a more lenient sentence