loss of control Flashcards
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define crimes of passion
homicide committed by a sudden strong impulse rather than premeditated
what did loss of control go under
provocation defence
what did hold 1707 say about loss of control
a man sleeping with another mans wife is the highest invasion of property
and so a man cannot revive a high provocation
what was surround loss of control
abolished by the justice act 2009
relaced y loss of control section 54
votary manslaughter
killing a human acted during heat of passion under certain circumstances that causes reasonable people to become emotional
what did Douglas Malcolm do in 1917
found out affair
weife wanted divorce, he refused
found lover and shot him
first case of passion
what are impulse based crimes
displayed behaviours that displayed in childhood
habitual patterns of behaviour and antisocial behaviours
premeditated murder
previous knowledge that allows significant time for a delayed reaction
what is temporary insanity
defendant was insane when committing crime
and then later regained sanity
support for insanity claim
defendent dosent remember,
irregular behaviour
direct reaction to emotional stimuli
definition of loss of control
state person felt before committing the crime
what characteristicts classafy as loss of control
no time passed from before and after crime
victim made comment more than simple
strong emotional impulse
what are the prominent psychological features of loss of control
anger,
fear,
loss of memory
what is the biological explanation of anger
adrenal gland puts stress hormone in body
brain shuts blood away from gut to muscle, to prep for physical move
blood pressure and respiration
how does the prefrontal cortext affect outcome of anger
takes anger into its context
reminds people to act sociably and keeping baser instincts in cheak
subjective anger
how do anger and loss of control act together
person usually cannot explain own behaviour after,
more impulsive,
anger connected to strong scene of certainty
what does anger lead too
extremely optimistic risk assessment
leads to risk seeking behaviour
lerner 2001
what is the subjectivity to anger
psychologists understand individual differences
different people react differently
define fear
intense emotional arousal by detection of immediate threat
physcial reactions incluse sweat, heat rate increase
fight or flight
how does fear interact with loss of control
defendants kill out of fear of violence
e.g long term abuse
fear can significantly impair though processes and rational judgement
differences though fear
fear is expressed internally
can make defendants appear calm during event and can invalidate claim
the cool down effect can prove an issue for defendant
what happened to Rebekah Mellon
shot husband and watched for 23 minutes
happened after verbal argument
mellon said she had no memory of the 23 minutes or the phone call
what happened the day before with Mellon 2012
cctv showed husband abusing her
7 years of abuse - controlling and shot her ipod
some abuse documented
how was mellows tried
first degree
pleaded guilty to second and got 20 years in prison
what did zago say about amnesia and crimes
partial absence of memory following a crime
ranges from 25% to 50% of total cases
crime relented amnesia
what happens in Germany with amnesia
the crime can get acquitted
what causes memory loss
trauma,
sleep disorder,
psychotic episode,
drug abuse
what is Mnestic bock syndrome
trauma or stress in own life alter brain metabolism, disconnect blocking access to storage regions specific to time
what is repression
hyper metabolism in pre-frontal cortext concomitant hippocampal hypometabolism, proposing the role of the pre-
frontal cortex in suppressing hippocampal activity, there by impairing the
retention of memories
what is dissociative amnesia
transient coping mechanism by which
unwanted memory of the crime is removed from the offender’s awareness as a
mechanism to maintain a coherent sense of self
holcomb 1985
how is crime releted amnesia is legit
polygraphs, mri and expression analysis
or
forced choice procedure
sims
how does a forced choice test run
- accused chose between two equally plausible answers
- details to crime and circumstance
3.either orally, written or computer
forced choice test results
genuine amnesia should result in random performance
Malingering respondents should score less or more than
chance
can you beat the FRT orthey 2019
3 levels
0 compliance to instructions - endorsement of correct answer
1 - belief test will recognise 0 strategies - counter-correspondence selecting the incorrect answer
2 - test designed to recognise level q and counter response a mix of right and wrong answers - test fails within chance performance
what is SIMS
75 true false questionnaire - intentionally exaggerated or feigning psychiatric symptoms
what is the 5 scale domains SIMS
psychosis
low intelligence
neurological impairment
effective disorder
amnesic disorder
what is sims
detect deviant or malingered response patterns
include endorsement of bizarre experiences and atypical symptoms to
‘catch out’ malingered response
