Defence of insanity Flashcards
What happened in the case of M’naughten? What rules did it create?
Man became obessed with prime minister Robert Peel tried to shoot him but killed secretary. Suffered from extrene paranoia. Found not guilty by reason of insanity.
Created the M’Naughten rules
What three things must be proved for the defendant to be insane?
- Labouring under a defect of reason
- Caused by a disease of the mind
- Awareness of nature and quality of the act
Explain defect of reason?
The courts have stated there needs to be a complete absence of the power to reason
What happened in the case of R v Clarke? What was the ruling?
Woman accused of theft from supermarket said she was acting absent mindedly due to depression and diabetes. The court said the rules on insanity do not apply to those who retain the power to reason but do not use it in moments of confusion and absent mindedness
Explain disease of the mind?
Can be either a mental or physical disease that effects the mind
Is the definition legal or medical?
Medical
Can the factor be both external and internal?
Can only be internal