Diminished responsibility and alcohol

Abstract

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.

Addiction and the law

“…There are two parts any criminal act— actus reus , or the criminal act itself, and mens rea , the criminal intent . Many have argued that one's capacity to form the intent to commit a crime is diminished when intoxicated with alcohol or drugs . This concept is taken under consideration in courts adjudicating cases involving drug use and driving under the influence.…”