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:''For the law in other criminal jurisdictions, see diminished responsibility.'' In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes). This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather than punishment in appropriate cases. Thus, when the ''actus reus'' (Latin for "guilty act") of death is accompanied by an objective or constructive version of ''mens rea'' (Latin for "guilty mind"), the subjective evidence that the defendant did intend to kill or cause grievous bodily harm because of a mental incapacity will partially excuse his conduct. Under s.2(2) of the Homicide Act 1957 the burden of proof is on the defendant to the balance of probabilities. The M'Naghten Rules lack a volitional limb of "irresistible impulse"; diminished responsibility is the volitional mental condition defence in English criminal law. ==The statutory provision== Section 2 of the Homicide Act 1957 states: (1) Where a person kills or is party to a killing of another, he shall not be convicted of murder if he was suffering from an abnormality of mental functioning which - *(a) arose from a medical condition *(b) substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and *(c) provides and explanation for D's acts and omissions in doing or being a party to the killing. (1A) Those things are - *(a) to understand the nature of D's conduct; *(b) to form a rational judgment; *(c) to exercise self-control. (1B) For the purposes of subsection (1)(c), an abnormality of mental functioning provides and explanation of D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct. The defence has recently been amended by s. 52 of the Coroners and Justice Act 2009, which came into force on 4 October 2010. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Diminished responsibility in English law」の詳細全文を読む スポンサード リンク
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