Some innovative defences in Maltese criminal law

Abstract

Criminal justice is packed with perpetual philosophical and ethical dilemmas. Who, and on what basis, shall determine what and who is criminal, and also, the degree of gravity and mitigation of criminal acts? How would balance best be struck between individuals and their individuality on one side, and the general interests of these same individuals together with others on the other side? These questions are certainly not easily answered. However, an interdisciplinary outlook a la page is apt to offer invaluable assistance. This thesis, thus, analyzes developments in various sciences and trends of law in various jurisdictions. Chapters one and two deal with such analysis on a rather general basis. Chapters three, four and five are more specific: chapter three concentrates on the association of substance abuse with criminality; chapter four discusses the defences of diminished responsibility, premenstrual syndromes and posttraumatic stress disorders; and chapter five tackles the element of intervening period between an alleged provocative act and a defendant's reaction to it. This work is being presented for consideration of further innovation within the Maltese criminal justice system.