Irresistible Impulse - Irresistible Impulse in English Law

Irresistible Impulse in English Law

In English Law the concept of "irresistible impulse" was developed in the 1960 case R v. Byrne. The appellant (described as a violent sexual psychopath) strangled then mutilated a young woman, it was alleged that Byrne suffered from violent and perverted sexual desires which he found impossible to control. Lord Parker C.J. broadened the definition of "abnormality of mind" to include those lacking "the ability to exercise will-power to control acts in accordance with rational judgment".

"Irresistible impulse" can be pleaded only under the defense of diminished responsibility, not under the defense of insanity. Thus it operates only as a defense to murder, reducing the charge to manslaughter, and giving the judge discretion as to length of sentence and whether committal would be more appropriate than incarceration.

Read more about this topic:  Irresistible Impulse

Famous quotes containing the words irresistible, impulse, english and/or law:

    The popularity of disaster movies ... expresses a collective perception of a world threatened by irresistible and unforeseen forces which nevertheless are thwarted at the last moment. Their thinly veiled symbolic meaning might be translated thus: We are innocent of wrongdoing. We are attacked by unforeseeable forces come to harm us. We are, thus, innocent even of negligence. Though those forces are insuperable, chance will come to our aid and we shall emerge victorious.
    David Mamet (b. 1947)

    One impulse from a vernal wood
    May teach you more of man,
    Of moral evil and of good,
    Than all the sages can.
    William Wordsworth (1770–1850)

    The English are a nation of consummate cant.
    Friedrich Nietzsche (1844–1900)

    Lawyers are necessary in a community. Some of you ... take a different view; but as I am a member of that legal profession, or was at one time, and have only lost standing in it to become a politician, I still retain the pride of the profession. And I still insist that it is the law and the lawyer that make popular government under a written constitution and written statutes possible.
    William Howard Taft (1857–1930)