Luka Magnotta had pleaded not guilty to the killing on the grounds of diminished responsibility. Lee Carter is in Toronto.
卢卡·马尼奥塔以减轻责任为由不认罪,李·卡特在多伦多报道。
单词 | Diminished responsibility |
释义 |
Diminished responsibility
原声例句
BBC 听力 2014年12月合集 Luka Magnotta had pleaded not guilty to the killing on the grounds of diminished responsibility. Lee Carter is in Toronto. 卢卡·马尼奥塔以减轻责任为由不认罪,李·卡特在多伦多报道。
中文百科
精神障碍辩护在刑事诉讼法里,精神障碍防御(英语:Insanity defense,即以精神障碍为理由的辩护)是可行的。被告提出:因为在他们进行被指控的犯罪活动时精神障碍,他们不应该因触犯法律而承担相关的司法责任。 有人声称因精神障碍而免于或减少刑事处罚至少可追溯到汉谟拉比法典。从不同视角看精神障碍辩护都有其可取之处:一些人认为它是状态辩护,一些人认为它与缺少蓄意相关,还有些人认为它不过就是一个借口。这里涉及到的精神障碍有不同的法学定义但非医学术语:譬如有南顿规则。
英语百科
Diminished responsibility 精神障碍辩护In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American jurisdictions varies considerably. The majority of states have adopted it by statute or case decision, and a minority even recognise broader defenses such as 'irresistible impulse'. Some American states restrict the defense to the charge of murder only where a successful defense will result in a manslaughter conviction instead of murder. Until recently, the Republic of Ireland did not accept the partial defense. The Irish Supreme Court had rejected the existence of the defense in DPP v O'Mahony. The case was recently abrogated, however, by enactment of the Criminal Law (Insanity) Act 2006, effective June 1, 2006. The act, in pertinent part, specifically adopted the partial defense for the charge of murder where a successful defense will result in a manslaughter conviction instead of murder. |
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