搜搜考试网英语翻译In criminal law,diminished responsibility (or diminished
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英语翻译
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 The People (DPP) v Joseph O' Mahony [1984] ILRM 244.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.
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 The People (DPP) v Joseph O' Mahony [1984] ILRM 244.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.
在刑法,潜在的防御的借口,被告辩称尽管他们违反了法律,他们应不举行完全刑事责任这样做,如他们心理的职能是"削弱"或受损的限定责任 （或 diminished 容量）.美国司法管辖区的防御接受差别很大.多数国家都通过它的规约或案例的决定,和少数人都认不出更广泛的防御,如无法抵抗的冲动.美国的一些州限制,仅在成功防御将导致误杀罪定罪,而不是谋杀的谋杀罪的防御.直到最近,爱尔兰共和国不接受部分的防御.爱尔兰最高法院拒绝了的人 （民进党） v 约瑟夫?Mahony [1984] ILRM 244 防守存在.案件是最近废止,但是,通过颁布刑法 （精神错乱） 法 》 2006 年有效 2006 年 6 月 1 日.的行为,有关的部分,特别被通过成功防御会在误杀罪定罪,而不是谋杀的谋杀罪的部分的防御.
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