Exploring premenstrual syndrome in criminal law

Women and crime : premenstrual issues

The second major case that caught attention was that of Christine English, who in a rage killed her lover by running him down with her car. It is theorised that stress plays a role in exacerbating the emotional symptoms. Katharina Dalton, the world's most prominent advocate for PMS victims, each woman was convicted only of manslaughter due to PMS-diminished responsibility.

PMS was one of several factors, including the fact that she had given up her baby shortly before the killing, that contributed to her release after the verdict of manslaughter was substituted for murder on the grounds of diminished responsibility. It was not necessary to hospitalize every patient who came to his residence in aggressive state.

Her temperament was a direct product of her female physiology, certainly a biological deterministic theoretical approach. On enquiry, it was transpired that the incident has taken place today in the morning at around Then, inCraddock who had changed her surname to Smith, began to receive a lower dosage of progesterone.

AIR SC in regard to plea of insanity made following observations: Although the law has not much developed in India as to the Premenstrual Stress Syndrome being set up as the defense of insanity, yet the accused has a right to plead and probabilize such defence to show that she was suffering from 'premenstrual stress syndrome' when the crime was committed and because of her such condition, the offence that she committed was an involuntary act on her part, inasmuch owing to this fact, she was labouring under the defect of reason or was suffering from psychological disorder or unsoundness of mind.

Similarly in Elavarasan v.

The children can be made to believe what actually not happened and can be tutored to the line set up by the prosecution. In part, the research which examined PMS and criminal behaviour undoubtedly reflected the growing interest in studying the female offender and aetiology since statistics during the s were reflecting an increasing number of crimes committed by women Horney In fact, it has largely been controversial owing to its anti-feminist potential.

In psychological symptoms, there are two types of manifestations, either the patient has depression and lethargy, or changes in the personality and emotional outbursts.

She further stated that before marriage whenever she approached the period of menstruation she used to become almost mad.

Other criticisms include the failure to carefully define the syndrome; use of inadequate entry criteria; and failure to consider variation in length of menstrual cycle.

If the judge has such reasonable doubt, he has to acquit the accused, for in that event the prosecution will have failed to prove conclusively the guilt of the accused. Santoswhich never went to trial as the accused bargained a plea.

Thereupon, the informant immediately went to the well situated at Nasia where he found huge gathering of people.

He admitted that he went to the house of the accused-appellant for treatment of her psycho-neurotic disease. Those who suffer symptoms severe enough to impair their emotional or mental functions are a small proportion of the women who suffer from PMS.

It continues to be a cause of controversy and dissension in both the medical and legal professions. This is a kind of ailment. This witness further stated that he was making such statement on the basis of medical literature, which he has brought in the court but not much literature is available about this condition.

Premenstrual syndrome and criminal justice

The theory of a progesterone deficiency as key factor has been widely popularised, but there are as many studies showing no differences or higher progesterone levels as there are studies showing, low progesterone levels in association with the symptoms.

Diminished Responsibility With a plea of diminished responsibility which includes both the concepts of mental disorder and culpability Potasthe defence must show that PMS prevented the accused from having the specific intent mens rea required by a crime.Intwo British women escaped murder convictions by arguing that their legal responsibility was diminished by premenstrual syndrome (PMS).

In a fit of rage Sandie Craddock, an East London barmaid with 45 prior convictions, stabbed a fellow barmaid three times through the heart (Regina v. Relevant extract of the essay titled 'Exploring Premenstrual Syndrome in Criminal Law' published on in UK Essays, a trading name of All Answers Ltd., would be worth quoting:.

f) An essay ‘Exploring Premenstrual Syndrome in Criminal Law’ published on 23/03/ in UK Essays. From these reports, it could be concluded that PMS brings great behavioral changes in a woman like depression, aggression, irritability, mood-swings and.

f) An essay ‘Exploring Premenstrual Syndrome in Criminal Law’ published on 23/03/ in UK Essays. From these reports, it could be concluded that PMS brings great behavioral changes in a woman like depression, aggression, irritability, mood-swings and.

Premenstrual syndrome may be effective as an affirmative defense to a criminal charge if the defendant can show that (i) she was suffering from premenstrual syndrome at the time the crime was committed; and (ii) because of her condition, either that the criminal act was an involuntary act or that at the time of the criminal act she did not possess the mental state required by law for the commission of a crime.

pects of criminal as well as civil law.4 For instance, the PMS defense, already used in criminal trials in England 5 and the United States, 6 will have a more solid foundation now that the APA classifies PMDD as a.

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Exploring premenstrual syndrome in criminal law
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