Mercy Killing, Partial Defences and Charge Decisions: 50 Shades of Grey

Amanda Clough

doi:10.1177/0022018320914687

Mercy Killing, Partial Defences and Charge Decisions: 50 Shades of Grey

Amanda Clough^*

^*Corresponding author for this work

Law Department

Research output: Contribution to journal › Article › peer-review

1 Citation (Scopus)

293 Downloads (Pure)

Abstract

The revolution of the partial defences to murder by the Coroners and Justice Act 2009 may have had a catastrophic impact on cases of mercy killing.1 While previously shoehorned into the diminished responsibility plea, the medicalisation of this defence may prevent such a ploy. However, a recent case has offered insight into the circumstances which may still result in a manslaughter conviction for mercy killers through a new avenue previously thought impermissible. This article will discuss the case and those similar, alongside charging decisions and just results. Mercy killing remains a grey area in the criminal justice system, but is there light at the end of the tunnel?

Original language	English
Pages (from-to)	211-227
Number of pages	17
Journal	The Journal of Criminal Law
Volume	84
Issue number	3
DOIs	https://doi.org/10.1177/0022018320914687
Publication status	Published - 1 Jun 2020

Keywords

murder
voluntary manslaughter
mercy killings
plea bargains
partial defences
loss of control
diminished responsibility

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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10.1177/0022018320914687

Mercy Killing Plea Bargaining acceptedAccepted author manuscript, 312 KB

Cite this

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abstract = "The revolution of the partial defences to murder by the Coroners and Justice Act 2009 may have had a catastrophic impact on cases of mercy killing.1 While previously shoehorned into the diminished responsibility plea, the medicalisation of this defence may prevent such a ploy. However, a recent case has offered insight into the circumstances which may still result in a manslaughter conviction for mercy killers through a new avenue previously thought impermissible. This article will discuss the case and those similar, alongside charging decisions and just results. Mercy killing remains a grey area in the criminal justice system, but is there light at the end of the tunnel?",

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AB - The revolution of the partial defences to murder by the Coroners and Justice Act 2009 may have had a catastrophic impact on cases of mercy killing.1 While previously shoehorned into the diminished responsibility plea, the medicalisation of this defence may prevent such a ploy. However, a recent case has offered insight into the circumstances which may still result in a manslaughter conviction for mercy killers through a new avenue previously thought impermissible. This article will discuss the case and those similar, alongside charging decisions and just results. Mercy killing remains a grey area in the criminal justice system, but is there light at the end of the tunnel?

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KW - voluntary manslaughter

KW - mercy killings

KW - plea bargains

KW - partial defences

KW - loss of control

KW - diminished responsibility

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ER -

Mercy Killing, Partial Defences and Charge Decisions: 50 Shades of Grey

Abstract

Keywords

UN SDGs

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