Criminal Law - Essay Example

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Criminal Law

The old law was called the Duffy test, and its main problem was the time gap between the provocation and the murder that occurred. This means that, in cases where there existed a battered women syndrome; the accused might lose self control via a slow process, as opposed to immediate loss of control. From this, it is evident that the old law tried to exclude premeditated murder, and the new law still tries to do this by mentioning that the defendant is not protected in cases of a premeditated desire for revenge (S54(4)).3 The improvement on the old law made by this amendment was that the triggers are seen to have caused the loss of self control. The old law was seen to be gender biased since men tend to lose control faster than women, and the law was meant to give women a defense in case of the battered woman syndrome. ...Show more

Summary

Criminal Law In October 2009, the Coroner’s and Justice Act 2009 came into force, and one of the main effects that the law had was on the defenses of murder. The two most impacted defenses of murder are the defense of diminished responsibility and the defense of provocation, where the defense of diminished responsibility was clarified and the defense of provocation abolished and replaced with a partial defense of loss of self-control…
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Criminal Law essay example
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