Insanity and Diminished Responsibility Essay Example | Topics and Well Written Essays - 1000 words

Insanity and Diminished Responsibility - Essay Example abnormality of the mind ( R v Byrne ); drug personality disorder (Celebici Trial); involuntary intoxication ( R v Galbraith) ; mental weakness and low intelligence ( Lord Dea's decision ) ; minority ( R v Raven ); physical deformities such as blindness and being a deaf-mute ( R v Pritchard). In the treatise "Partial Defences To Murder" more mitigating factors are added i.e. sufficient provocation by the offended party ( R v Smith ); immediate vindication of a grave offence to himself or his relatives (Table 7); Incomplete self-defence where there is no reasonable necessity of the means employed by the culprit (R v Martin); passion or obfuscation (Case 113); disease or injury (Note 17); jealousy, mercy killing, depression, relationship of victim to the accused (Table 7). The list goes on and on. Insanity is a plea or defence by which the accused at the time of the commission of the act, "was laboring under such a defect of reason, arising from a disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know that what he was doing was wrong (The M'Naghten Rules). Insanity totally exempts the culprit from criminal liability unless he does it during a lucid interval. If so, he is wholly liable for the crime unless there are mitigating factors attending the crime. Diminished Respons... 2 Diminished Responsibility is defined as a plea or defence in which the accused at the moment of the commission of the crime suffers from some "form of mental unsoundness or mental aberration or weakness of mind", so much so that his "mind is so affected that responsibility is diminished from full responsibility to partial responsibility" ( HM Advocate v Savage). Comparison and Contrast 1. Both insanity and diminished responsibility are mental states. In insanity, there is a mental disorder or a mental disease which causes the deranged person to be deprived completely of reason, discernment or freedom of the will at the time of the commission of the crime. In insanity, there is an absence in the agent of crime of any of all the conditions that would make an act voluntary. On the other hand, in diminished responsibility, there is a mental debility or aberration of the mind or a temporary mental capacity or a temporary mental impairment (Scottish Law Commission 2). Here, there is some degree of reason, discernment or freedom of the will albeit such is beclouded and weakened by the presence of any of the mitigating factors hereinabove mentioned. 2. Insanity totally exempts the offender from criminal liability because the insane person is totally deprived , at the time of the performance of the crime, of discernment or reason or intelligence and is unable to distinguish between right or wrong. In diminished responsibility, as a rule, there is no exemption from criminal liability but there is instead a mitigation or extenuation of criminal responsibility

Globalization and Urbanization Essay Example | Topics and Well Written Essays - 1250 words

Globalization and Urbanization - Essay Example During that time, there was no development, and cities were merely those locations or islands where the ships would dock. There was a predominant presence of rural areas, where cities stood out as islands, causing more of a nuisance according to the rural folk than any benefits. There were many reasons why urbanization was not a trend. The industrial revolution had not arrived, and there was much distraction about wars and key discoveries that had not taken place. The pace of life was slower, and the world had not begun its race for global domination. The populations were less and the resources were plenty. The competition was less fierce, and time was on the people’s side. The population ratio at that time was very different from the one today. One study suggests that out of every 100 people, only three people used to live in cities. With the passage of time, this proportion has changed, with almost half of the current population living in cities. In other words, urban univer ses increased. Till the end of 1800, the number of residents living in large urban cities was only 29 million. However, by the year 2000, the urban population numbers increased to 2.8 billion. (Short 23). The most prominent and important development was the creation of large metropolises. In the year 1800, only four metropolises had populations of more than 1 million; the situation was much different by the end of year 2000. The second trend in urbanization represented a shift of populations from minor cities to major cities of the world. a graphic representation would show a flat pattern by 2000, with the line getting steeper after 2000. The impact of this shift is very significant. It causes major alteration in the spatial form of the social organization of space and society. The development of such areas goes fast with the somewhat mercurial changes in the economic system, depending upon agricultural enhancements to economies that move around the construction and service sector. The development of cities is directly linked to the social shift from short scale to the large one, from closely knit urgent social links to more spread unknown themes, and to the growth of unique and antipathetic social classes (Weber, 26). Cities point on both the growth and avatar of social shift. They usually counted as the concept uses of socio-economic shift. There is a challenging link between the social perspective and the city as the city holds a complex base of social shift as well as also considers as an important ingredient of social theorizing. The article focuses on both elements: the most aspirational chore demanding a broad linked of approaches. Two liberal spans are under looked. First, the article focuses on the incline of the present city and its linkage with modernism, capitalist economy and post modernity, questioning the macro-scale relations between deep urban changes and broad social changes. The other goal is to present a wide ranging judgment of the basic t heoretic estimates recently implemented to understand the city. In start, it discusses about the old exercising influence theoretical models in their past context (Graham & Marvin 12). After wards, it discovers the link between present-day urban sociospatial procedures and updated theoretical models in order to understand the complex links between place, space and social conjecturing with the challenging aim of judging urbanizing theory and the city. The authoritarian city can be seen in different perspectives of thicknesses. Authority is strongest when daily routines are covered with the exercise of