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Vol 21 No 9 Sept/Oct 2016

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Loss of Control and Diminished Responsibility: Domestic, Comparative and International Perspectives

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ISBN13: 9781409431756
Published: November 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

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Criminal Law
Introduction, Alan Reed and Michael Bohlander
The new diminished responsibility plea - more than mere modernisation?, Ronnie Mackay
The modern partial defence of diminished responsibility, Rudi Fortson
Loss of self-control under the Coroners and Justice Act 2009: oh no!, Barry Mitchell
The model of tolerance and self-restraint, Richard Taylor
The serious wrong of domestic abuse and the loss of control defence, Jonathan Herring
Loss of self-control: when his anger is worth more than her fear, Susan S.M. Edwards
Feminism, 'typical women', and losing control, Neil Cobb and Anna Gausden
Sexual infidelity killings: contemporary standardisations and comparative stereotypes, Alan Reed and Nicola Wake
Killing in response: to 'circumstances of an extremely grave character': improving the law on homicide, Jesse Elvin
The view from Ireland, John E. Stannard
Partial defences to murder in Scotland: an unlikely tranquillity, James Chalmers
Anglo-American perspectives on partial defences: something old, something borrowed, and something new, Alan Reed and Nicola Wake
Provoking a range of responses: the provocation defence in British overseas territories and Crown dependencies, Claire de Than
A comparative analysis of English and French defences to demonstrate the limitations of the concept of loss of control, Catherine Elliott
When the bough breaks - defences and sentencing options available in battered-women and similar scenarios under German criminal law, Michael Bohlander
Partial defences to murder in New Zealand, Warren Brookbanks
Abnormal mental state mitigations or murder - the US perspective, Paul H. Robinson
The conflation of provocation and justification: an analysis of partial defences to murder in Islamic law, Mohammed M. Heddayati-Kahki
Provocation and diminished responsibility in Dutch homicide law, Hein D. Wolswijk
Partial defences due to loss of control and diminished responsibility under Spanish criminal law, Mauel Cancio Melia
Between lack of responsibility and dangerousness - determinism and the specificity of the French criminal law on lack of intellectual insight and loss of control, Caroline Fournet
Diminished responsibility and loss of control: the perspective of international criminal law, John Cubbon