Moral agency and the minimum conditions for criminal responsibility: a critical examination (with particular reference to mental condition defences)

Abstract

This thesis is concerned with the minimum conditions that must be satisfied to warrant the stigma and consequences of a criminal conviction. First the conduct element of criminal liability is examined and the need for voluntary agency advocated. Attention then turns to minimum capacities for moral reasoning and evaluation required to be morally and legally answerable for one's conduct in the sense that one may be subjected to a criminal trial. Consideration is given to what may be considered justifiable measures in respect of persons who lack minimum capacities for moral reasoning and evaluation sufficient to stand trial but whose conduct is dangerous to others. Finally an examination is made of the insanity defence, the principal mechanism for determining at trial whether a person is sufficiently rational to answer for his conduct. The defence of diminished responsibility is also considered, because of its close link in practical terms with the insanity defence. The law is stated as at 31(^st) October 2001.