Save
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Criminal Law - VolMS

Voluntary Manslaughter: Loss of Control and Diminished Responsibility

QuestionAnswer
LOC statute Homicide Act 1957 s3 amended by the Coroners and Justice Act 2009 s54
DR statute Homicide Act 1957 s2 amended by the Coroners and Justice Act 2009 s52
Test for LOC Loss of control from a Qualifying trigger. A person of D's sex and age, with a normal degree of tolerance and self-restraint might have reacted in the same/similar way
LOC qualifying triggers test either fear of serious violence to self or others (Ward) or things said or done which constitute extremely grave character and give D a justifiable sense of being seriously wronged
Barriers to LOC revenge, incitement, sexual infidelity
Test for DR Ab of MF from an RMC that substantially impairs D's ability to either understand nature of conduct, form rational judgement, or exercise self control. The condition must explain D's actions through causation rules
Clinton 2012 if you have sexual infidelity and something else, it doesn't act as a barrier
Byrne Psychopathy is an RMC
Ahluwalia DR BWS (battered women syndrome) is an RMC
Vinaigre Othello Syndrome is an RMC
Dawes no LOC
Hatter end of a relationship doesn't constitute grave character and doesn't give D a justifiable sense of being seriously wronged
Seers Depression is an RMC
Dowds DR Alcohol isnt an RMC
Dietschmann must consider if mental condition substantially caused behaviour
Ward Example of fear of serious violence to others (pick handle)
Asmelash LOC Can't consider alcohol a characteristic as it affects D's capacity for tolerance and self-restraint
Zebedee no justifiable sense of being seriously wronged
Jewell LOC = "loss of normal powers of reasoning"
Rejmanski must disregard PTSD/personality disorder for LOC as it affects D's capacity for tolerance and self-restraint
Wood Alcohol Dependency Syndrome is an RMC
Golds "substantial" = a more than trivial impact, less than full
Lambert Burdon of Proof: D must prove the mental condition in DR
Ward LoC - fear of violence to others (brother) - used pick handle
Created by: Oscar.G
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards