laws changing due to circumstance Flashcards
what are some examples of laws changing due to circumstance?
-manslaughter
-diminished responsibility
-loss of control
-automatism
how does manslaughter change due to circumstance?
-where the offender suffers a diminished responsibility or acted under loss of control
-not life sentence
-open for judge to decide
how does diminished responsibility change due to circumstance?
-a defendant can show that their mental health reduced their ability to understand what they were doing or form a rational judgement
-reduces homocide to manslaughter
how does automatism change due to circumstance?
-a crime must be a voluntary act
-must have consciously chose
- if proven involuntary, they can plead automatism