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

Summary

This 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.