NCJ Number
100159
Date Published
1984
Length
82 pages
Annotation
Research examined changes occurring during the 1966-77 period in sentences given to 256 men convicted of manslaughter by reason of diminished responsibility under section 2(1) of Great Britain's Homicide Act 1957, a provision that provides a way of escaping the inflexible consequences of a conviction for murder.
Abstract
Statistics show a steady rise in numbers of men convicted of manslaughter by reason of diminished responsibility consistent with an increase in homicide. In the late 1960's, two-thirds of these offenders were committed to hospitals, one-third to prison. By the late 1970's, however, the reverse was happening. The research explored reasons for this change, analyzing documentation collected for the prosecution of the study sample. Analysis revealed that sentencing change was due to the reduction in the proportion of section 2 cases for which the reporting doctors recommended a hospital order. This trend deprived judges of the opportunity of making such orders. Also significant was judges' preference for retributive punishment. Implications of this research for the value of the diminished responsibility defense and the mandatory sentence for murder are discussed. Tables, over 30 references, and an index.