PSYCHOLOGICAL ABNORMALITY AS A FACTOR IN GRADING CRIMINAL LIABILITY - DIMINISHED CAPACITY, DIMINISHED RESPONSIBILITY, AND THE LIKE

• NCJ Number: 5379
• Journal: JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 3 Dated: (SEPTEMBER 1971) Pages: 313-334
• Author(s): G DIX
• Date Published: 1971
• Length: 22 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

RELATIONSHIP OF PSYCHOLOGICAL ABNORMALITIES SHORT OF INSANITY TO THE ISSUES OF CRIMINAL RESPONSIBILITY AND DEGREE OF OFFENSE.

Abstract

INSANITY DEFENSES ARE UNIVERSALLY RECOGNIZED TO ESTABLISH A DEFENDANT'S LACK OF CRIMINAL RESPONSIBILITY. A GRAY AREA ARISES WHEN THE DEFENDANT'S STATE OF MIND DOES NOT FALL CLEARLY WITHIN ONE OF THE RECOGNIZED INSANITY STANDARDS, BUT COMPETENT MEDICAL TESTIMONY ESTABLISHES THE EXISTENCE OF A PSYCHOLOGICAL ABNORMALITY. ONE POSSIBLE MEANS OF RECONCILING THE REQUIREMENTS OF TRADITIONAL STANDARDS OF CRIMINAL RESPONSIBILITY WITH CONTEMPORARY KNOWLEDGE ABOUT PSYCHOLOGICAL DISTURBANCES IS TO REDUCE THE DEGREE OF OFFENSE WHERE THERE ARE PSYCHOLOGICAL DISTURBANCES FROM, FOR EXAMPLE, MURDER IN THE SECOND DEGREE TO MANSLAUGHTER. THUS, A FINDING BY THE TRIER OF FACT THAT THE DEFENDANT SUFFERS FROM A PSYCHOLOGICAL ABNORMALITY AT THE TIME OF THE OFFENSE, WHICH SUBSTANTIALLY REDUCED HIS CULPABILITY FOR THE CRIME, WOULD REQUIRE THE SENTENCING AUTHORITY TO IMPOSE A LESS THAN MAXIMUM SENTENCE.