automatism essay

Question 1

what is the rationale for the special verdict

Answer 1

rationale that it is likely to reoccur therefore needed for public protection

Question 2

Why is it different to intoxication

Answer 2

unlike intoxication where D’s condition reflects fault on his part of D whose incapacity derives from a mental condition cannot be held as a fundamental pricinple of criminal law is that D is normal and should be treated as being able to function within the normal range of mental and physical culpabilites

Question 3

Sullivan Lord Diplock

Answer 3

A danger to others: the purpose is to protect society against the reoccurrence of dangerous conduct

Question 4

Bratty Denning

Answer 4

detain in mental hospital rather than an unqualified acquittal

Question 5

What does a finding of insanity lead to

Answer 5

a special verdict, not guilty by reason on insanity has lead to a range of disposal options from hospitalisation, supervision to abolsute discharge (Insanity and unfitness to plead)

Question 6

When was hospitalisation removed

Answer 6

1999, until then it was mandatory and many referred to plead guilty rather

Question 7

Child and Sullivan on the special verdict

Answer 7

the dispel of options reflect. defence which acknowledges both D’s lack of culpability at the time of his prima facie crime and his future potential for dangerousness. Finds a compromise between the unsuitable extremes of conviction and unqualified acquit ally

Question 8

Smith and Hogan on legal and medical constructs

Answer 8

it seems astonignshing that in the 21st century the law remains not based on any medical undertstadnign of mental illness but on a distinct legal criterion of responsibility defined by the common law

Question 9

What does insanity include

Answer 9

epiplsey, diabetes, PMS sleep walking, is this suitable?

Question 10

What does JM Rumbold and Waisk argue

Answer 10

the current definition is hedged with policy based restrictions which excludes some deserving D where in medical science it can be shown there actions are involved therefore should not be held criminally responsible e.g. hypoglycaemic unawareness e.g. clacker

Question 11

Mackay and Kearnes argue what

Answer 11

insanity remained underused but that evidence that the new disposals ova begun to correct this problem

Question 12

Sullivan

Answer 12

stigmatising for not only those with medical conditions but those without who are then regarded as insane - made so much progress in society why should the law retain?

Question 13

What did the LC recommend

Answer 13

proposed not criminally repsinible by reason of a recognised mental conditions

Question 14

Disease of the mind

Answer 14

although medical evidences provide evidence the definition they are asked to apply is a legal one which tries to focus on between distinguishing sane and non-sane automatism by focusing on external and internal factr=irs

Question 15

What has the definition of disease of the mind lead to

Answer 15

unfortunate and largely indefensible classification with the most striking rising in relation to diabetes where D has failed to eat food. This would be insane as caused by an external factor However the impact is almost the same Quick and Hennesy

Question 16

Where does pressure for reform stem from

Answer 16

potential incompltabilty with Art 2 and 3 ECHR right to life and preventing degrading treatment. Must balance protecting society and protecting mentally ill from inappropriate prosecution.