Political Science 3334E Study Guide - Quiz Guide: Mens Rea, Spasm, Diminished Responsibility

• School: Western University
• Department: Political Science
• Course: Political Science 3334E
• Professor: Tony Vernon

Document Summary

Diminished responsibility 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. Murder does not allow for a reckless defence only through an intention, either to kill or to cause gbh. Actus reus a does an act or omission which causes the unlawful application of force to b. Mens rea a intends or is reckless about causing the unlawful application of force. Absence of a defence a does not act in self-defence or under duress. Voluntarism need to establish that someone has acted in a voluntary way. A person"s mind must have control over their conduct: responsibility, blame and culpability, liberal emphasis placed on the autonomy or free will of the suspect as the basis for conviction and punishment.