Irresistible impulse

Irresistible impulse

In criminal law, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions.

In 1994, Lorena Bobbitt was found not guilty when her defense argued that an irresistible impulse led her to cut off her husband's penis.

The "Penal Code" of the U.S. state of California states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of ... diminished responsibility or irresistible impulse..."

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 girl, 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 [their] 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.

ee also

* Anatomy of a Murder

External links

*cite web |url=http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/history.html |title=frontline: a crime of insanity: insanity on trial: a brief history |publisher=PBS |accessdate=2007-01-30
*cite web |url=http://www.crimelibrary.com/criminal_mind/psychology/insanity/6.html |title=All about the insanity defense |author=Mark Gado |publisher=Crime Library |accessdate=2007-01-30


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  • irresistible impulse — ir·re·sis·ti·ble im·pulse /ˌir rə zis tə bəl / n: an overpowering impulse produced by mental disease or defect that leads to the commission of a criminal act (as murder) Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. irresistible …   Law dictionary

  • irresistible impulse — As used as insanity defense, an irresistible impulse means an impulse to commit an unlawful or criminal act which cannot be resisted or overcome because mental disease has destroyed the freedom of will, the power of self control, and the choice… …   Black's law dictionary

  • irresistible impulse — As used as insanity defense, an irresistible impulse means an impulse to commit an unlawful or criminal act which cannot be resisted or overcome because mental disease has destroyed the freedom of will, the power of self control, and the choice… …   Black's law dictionary

  • irresistible impulse — an impulse to commit a criminal act that cannot be resisted because mental disease has destroyed the person s freedom of will and power to choose between right and wrong. The “irresistible impulse test” that a person is not criminally… …   Medical dictionary

  • irresistible impulse — A form of insanity, frequently termed impulsive insanity, by which a person is irresistibly impelled to the commission of an act, for example, the killing of a person. 29 Am J Rev ed Ins Per § 3. A product of mental insanity, as distinguished… …   Ballentine's law dictionary

  • irresistible impulse test — n: a test used in some jurisdictions when considering an insanity defense that involves a determination of whether an impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right …   Law dictionary

  • irresistible impulse — noun an urge to do or say something that might be better left undone or unsaid he felt a compulsion to babble on about the accident • Syn: ↑compulsion • Derivationally related forms: ↑compulsive (for: ↑compulsion) …   Useful english dictionary

  • irresistible impulse test — see under impulse …   Medical dictionary

  • irresistible impulse — overpowering urge, irrepressible drive, powerful instinct …   English contemporary dictionary

  • Impulse (disambiguation) — Impulse, in mechanics, is something that changes the momentum of an object.Impulse may also mean:In psychology*Impulse (psychology), a wish or urge, particularly a sudden one.In law* Irresistible impulse, a defense by excuse in which the… …   Wikipedia

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