Fear, loss of control and cognitive neuroscience

Claydon , Lisa and Roediger, Caroline (2016). Fear, loss of control and cognitive neuroscience. European Journal of Current Legal Issues, 22(2) Abstract This article considers the introduction of the partial defence to murder of loss of control in England and Wales. It examines whether the structuring of one of the triggers of the defence around the need for fear of serious violence will be helpful to jurors. The article looks at the case law of three jurisdictions: England and Wales, Germany and Australia. It considers a case from each jurisdiction which required the evaluation by the court as to whether someone who killed his or her abusive partner deserved to be excused criminal responsibility. The article considers how the fear of serious violence might be interpreted in the future by…

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