Criminal Responsibility and Partial Excuses
This is an examination of the problems of criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the function of partial defences in the criminal law as they emerge from a discussion of leading cases and statutory provisions and in the work of criminal law theorists. The relation between provocation and criminal liability is then subjected to theoretical scrutiny, with particular emphasis on the moral distinction between justification and excuse, and the implications of different theoretical approaches to the defence are examined in a number of related issues. These include the role and limitations of the objective - or reasonable person - test, the principle of proportionality, the problem of impaired volition and the possible connection between provocation and other defences, especially self-defence and diminished responsibility.
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Introduction to the Theory of Justification
Excusing Conditions and Criminal Liability
Homicide Provocation and Culpability
6 other sections not shown
abnormality of mind According accused accused's plea action actor actus reus akrasia amount to provocation anger argued Aristotle attack basis blame character theory characteristics choice circumstances claim committed common law Cr App Rep Crim LR crime criminal liability criminal responsibility culpability cumulative provocation defence of provocation defence to murder degree diminished responsibility distinction doctrine element English law evidence excuse theory fact Fletcher force gravity grievous bodily harm H.L.A. Hart harm Homicide Act 1957 Ibid impaired volition judgment jury justification and excuse legal defences lose his self-control loss of self-control malice aforethought manslaughter Model Penal Code norm normal objective test partial defence partial excuse partial justification principle provocation and diminished provocation defence provocation in law provocation offered provoked agent provoked to lose punishment question reasonable person recognised regarded relevant requirement retaliation Rethinking Criminal Law self-defence supra note theory of justification unlawful utilitarian victim victim's conduct wrongdoing wrongful act