CJA 2009 § 52
Definition
Coroners and Justice Act 2009 § 52, amending Homicide Act 1957 § 2: the defendant must show an abnormality of mental functioning arising from a recognised medical condition that substantially impaired understanding, rational judgement, or self-control, and that explains the killing.
Related terms
- Atkins V. Virginia (2002)
- US Supreme Court ruling categorically prohibiting the execution of intellectually disabled defendants under the Eighth Amendment; Hall v. Florida (2014) and Moore...
- Battered-Woman Syndrome (BWS)
- Described by Lenore Walker (1979): a pattern of learned helplessness, hypervigilance to danger cues, and disrupted threat perception resulting from sustained intimate-partner...
- Diminished Responsibility
- A partial defence that reduces murder to manslaughter in the UK (Homicide Act 1957 § 2 as amended by Coroners and Justice...
- Lockett V. Ohio (1978)
- US Supreme Court ruling under the Eighth Amendment requiring that sentencers in capital cases must be able to consider any aspect of...
- Miller V. Alabama (2012)
- US Supreme Court ruling prohibiting mandatory life-without-parole sentences for offenders who were under 18 at the time of their offence, on the...
- Recognised Medical Condition
- The diagnostic threshold in CJA 2009 § 52, aligning the UK diminished-responsibility defence with DSM-5 / ICD-11 categories; prevents non-diagnostic emotional or...
- Roper V. Simmons (2005)
- US Supreme Court decision prohibiting capital punishment for offenders who were under 18 at the time of their crime, resting in part...
Explained in
- Diminished Responsibility and MitigationCoroners and Justice Act 2009 § 52, amending Homicide Act 1957 § 2: the defendant must show an abnormality of mental functioning arising from a recognised medi...