How Laws are Applied Differently | WJEC Criminology | Unit 2 | AC 1.2 Revision

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26 Jan 202405:52

Summary

TLDRThis video explores how laws are applied differently in various circumstances as part of WJC Level 3 Applied Criminology. It focuses on Unit 2, Assessment Criteria 1.2, examining cases where laws may not be applied due to mitigating circumstances such as diminished responsibility, consent, self-defense, or automatism. These partial defenses explain situations where individuals lack control over their actions or intent to commit a crime. The video discusses legal frameworks and real-world examples, emphasizing how courts evaluate these defenses to determine the extent of an individual's guilt or innocence.

Takeaways

📜 Laws are applied differently based on circumstances surrounding the crime.
🕵️‍♂️ Mitigating circumstances can excuse individuals from full criminal responsibility.
🧠 Diminished responsibility is often used in cases of murder to reduce charges to manslaughter.
🏛️ The Homicide Act of 1957 establishes the basis for diminished responsibility based on abnormal mental functioning.
🔍 Medical experts often play a key role in court to determine the extent of a person's mental condition.
🤝 Consent can serve as a defense, especially in non-fatal offenses, though it can be complex in murder cases.
⚖️ The 'rough sex defense' was rejected in high-profile cases, such as the Grace Millane case.
🛡️ Self-defense allows individuals to use reasonable force to protect themselves or their property.
🔪 The use of weapons in self-defense is illegal in England and Wales and is not considered reasonable force.
🤖 Automatism can be used as a defense if the individual acted involuntarily due to either insane or non-insane causes.

Q & A

What is the focus of this video on criminology?
-The video focuses on how laws are applied differently based on the circumstances in which crimes are committed, as outlined in assessment criteria 1.2 of Unit 2 for WJEC Level 3 Applied Criminology.
What are mitigating circumstances in criminology?
-Mitigating circumstances are situations where individuals may not have control over their actions, or their intent was not to commit a crime, such as cases involving self-defense, diminished responsibility, or automatism.
What is diminished responsibility, and how does it affect criminal charges?
-Diminished responsibility is applied when individuals suffer from abnormal mental functioning or medical conditions that impair their ability to understand or control their actions. It can reduce a murder charge to manslaughter.
How does consent play a role in criminal defense?
-Consent can be used as a defense, particularly in non-fatal offenses, by establishing that the criminal act occurred with the victim's agreement. However, this defense may be rejected in certain cases, such as the 'rough sex defense' which was rejected in the Grace Millane case.
What is self-defense, and how is it legally justified?
-Self-defense allows individuals to use reasonable force to protect themselves, others, or their property from harm or criminal actions. However, the use of weapons like guns or knives is not considered reasonable force in England and Wales.
What is automatism, and how is it categorized in law?
-Automatism refers to involuntary actions where an individual is not in control of their body or mind. It is categorized as either insane automatism (caused by psychological conditions) or non-insane automatism (caused by external factors such as a bee sting).
What distinguishes insane automatism from non-insane automatism?
-Insane automatism is caused by internal factors like psychological conditions, while non-insane automatism is triggered by external factors, such as an allergic reaction or a physical event like a bee sting.
What role do courts play in applying these partial defenses?
-Courts assess the extent to which defenses like diminished responsibility, consent, self-defense, and automatism apply, often with input from medical experts. The court ultimately decides whether the defense is valid in each case.
What happens if a person is found to have used excessive force in self-defense?
-If the force used is deemed excessive or unreasonable by the court, the self-defense claim may not be accepted, and the individual could still be prosecuted for their actions.
Can the use of automatism completely absolve someone from responsibility for their actions?
-Not necessarily. While automatism may be a partial defense, the court will evaluate the circumstances and the source of the involuntary action. It may not always lead to a full acquittal.

Outlines

00:00

📚 Introduction to Criminological Theories and Laws

This paragraph introduces the video, focusing on the assessment criteria for criminological theories. It highlights how laws are applied differently based on the circumstances surrounding a crime. It briefly touches on topics previously covered, such as how laws vary between cultures and over time, and transitions to the main focus of the video: examining the application of laws in specific situations, particularly when mitigating circumstances exist. The concepts of diminished responsibility, consent, self-defense, and automatism are introduced as key defenses in criminal law.

05:01

🧠 Diminished Responsibility in Criminal Law

This paragraph explains how diminished responsibility is used as a defense in criminal cases, particularly in reducing murder charges to manslaughter. It refers to the Homicide Act of 1957, which allows defendants suffering from mental abnormalities to avoid a murder conviction. The paragraph elaborates on how mental conditions affecting rationality, self-control, or understanding of actions are assessed in court, often with the help of medical experts. The defense hinges on proving that the accused’s mental condition significantly impaired their ability to commit the crime with intent.

📝 The Defense of Consent in Criminal Law

This section covers the defense of consent, which may apply when criminal acts are committed with the victim’s agreement, particularly in non-fatal cases. Although rare in murder cases, an example is given of the 'rough sex defense' in the high-profile Grace Millane case. The defendant argued that Millane consented to actions leading to her death, a defense rejected by New Zealand courts. The paragraph also mentions how this type of defense was addressed in the UK’s Domestic Abuse Act of 2021, reflecting the complexities of consent in legal defenses.

🛡️ Self-Defense in Law: Reasonable Force

This paragraph discusses self-defense as a partial defense in cases of physical violence. It explains that individuals are legally permitted to use reasonable force to defend themselves, protect their property, or prevent criminal activities. However, the extent of what constitutes 'reasonable force' is determined by the court. The use of weapons in self-defense is considered unreasonable under English law. The paragraph underscores that while self-defense can reduce charges, it does not excuse criminal actions if excessive or illegal force is used.

🤖 Automatism: Involuntary Actions and the Law

The final section explores automatism as a defense in criminal cases, where individuals act involuntarily due to factors beyond their control. Automatism is classified as either insane or non-insane, depending on the cause. Insane automatism involves internal psychological conditions like psychosis, while non-insane automatism is triggered by external factors, such as an allergic reaction or injury. The paragraph emphasizes that while automatism can be a defense, it is classified by the source of involuntary behavior and doesn’t always fully absolve the defendant of responsibility.

Mindmap

Keywords

💡Mitigating circumstances

Mitigating circumstances refer to situations that reduce the severity or culpability of a criminal act. In the video, this term explains how laws may not always be applied uniformly because certain factors, like lack of control or intent, might influence the legal outcome. For example, individuals who act in self-defense or have diminished responsibility due to mental health conditions may face lesser charges.

💡Diminished responsibility

Diminished responsibility is a legal defense that reduces a defendant’s liability for a crime due to an abnormality of mental functioning. It relates to cases where individuals, due to mental health issues, are unable to fully comprehend their actions. The video explains this concept through the example of a murder charge being reduced to manslaughter if the accused has a medical condition affecting their judgment.

💡Consent

Consent is a legal concept that refers to voluntary agreement to engage in a specific act, which can sometimes serve as a defense in criminal cases. The video discusses how consent might be used as a defense in non-fatal offenses and even in some murder cases, such as in the notable case of Grace Millane, though it was rejected by the court.

💡Self-defense

Self-defense is a legal defense where an individual uses reasonable force to protect themselves, their property, or others from harm. In the video, it is described as a partial defense, allowing defendants to avoid liability for violent acts if they were defending themselves from an imminent threat. However, the court determines what constitutes ‘reasonable force,’ and using weapons is not considered reasonable in certain jurisdictions.

💡Automatism

Automatism is a legal defense based on the argument that a person acted involuntarily, without control of their body or mind. The video distinguishes between insane and non-insane automatism, depending on whether the involuntary action was caused by internal (e.g., psychological) or external factors (e.g., allergic reactions). Automatism suggests that the defendant lacked the intent to commit a crime.

💡Homicide Act of 1957

The Homicide Act of 1957 is a UK law that provides the legal basis for diminished responsibility as a defense in murder cases. The video refers to this act as it explains how individuals with abnormal mental functioning cannot be convicted of murder but may face manslaughter charges instead.

💡Reasonable force

Reasonable force refers to the amount of force that is legally acceptable when defending oneself or others from harm. In the video, this concept is central to the discussion on self-defense, where the law permits the use of force to prevent injury or death, but the extent of the force is subject to court scrutiny.

💡Partial defense

A partial defense reduces the severity of a charge without completely excusing the defendant from liability. The video discusses several partial defenses, including diminished responsibility, self-defense, and automatism, which may reduce a charge from murder to manslaughter or provide some leniency in sentencing.

💡Insane automatism

Insane automatism is a legal defense where an individual's involuntary actions are caused by internal psychological factors, such as mental illness. The video highlights how this form of automatism is used to argue that a defendant lacked control over their actions due to mental health issues, potentially excusing them from full legal responsibility.

💡Non-insane automatism

Non-insane automatism is a defense where involuntary actions are caused by external factors, such as physical conditions or external stimuli. The video uses examples like allergic reactions or being stung by a bee while driving to illustrate situations where non-insane automatism might apply, as the defendant could not have anticipated or controlled their actions.

Highlights

Laws are applied differently according to the circumstances in which a crime was committed.

Mitigating circumstances may lead to the law not being applied, especially if individuals lack control over their actions or intent.

Partial defenses can be used to excuse actions, including diminished responsibility, consent, self-defense, and automatism.

Diminished responsibility is often applied in cases of murder, leading to a lesser charge of manslaughter under the Homicide Act of 1957.

The accused may avoid a murder charge if suffering from an abnormality of mental functioning or a medical condition that impaired their ability to understand or control their actions.

Medical experts often testify in court to assess the impact of the accused's condition on their actions.

Consent can serve as a defense if the criminal act occurred due to consensual behavior between the victim and the accused.

In murder cases, the 'rough sex defense' has been used but was notably rejected in the Grace Millane case in New Zealand.

The UK Domestic Abuse Act of 2021 specifically addresses the use of consent as a defense in cases of sexual violence.

Self-defense can be used as a partial defense in cases involving physical violence, allowing reasonable force to counter an attack.

Reasonable force can also be used to protect property, prevent crime, or apprehend offenders.

The court determines what constitutes reasonable force, but using weapons like knives or guns is not considered reasonable in England and Wales.

Automatism is a defense where the accused acted involuntarily, either due to a psychological or external factor.

Insane automatism arises from internal factors like psychosis or hallucinations, while non-insane automatism stems from external factors like allergic reactions.

These defenses argue that the individuals lacked a guilty mind or intent, but their application is at the court's discretion and may not fully pardon the accused.