Insanity

Question 1

How would someone plead insanity

Answer 1

By satisfying the criteria laid out in the M’Naghten rules.

Question 2

What are the three elements of the rules?

Answer 2

1. A defect of reason
2. This defect is due to a disease of the mind
3. D must not know the nature and quality of the act or did not know it was wrong

Question 3

What is d suffering from a defect of reason

Answer 3

The courts have decided that this means a complete loss of the power of reasoning. In Clarke (1972) the court said that this must be more than absentmindedness or confusion

Question 4

What is a disease of the mind

Answer 4

This disease can be a mental disease or physical disease which affects the mind (kemp). In the case of Sullivan (1983) the court confirmed that the meaning of insanity in law is not the same as the medical meaning of insanity and legal examples include; schizophrenia and paranoia, manic depression, epilepsy, brain tumours and diabetes.

Question 5

What is d must not know the nature and quality of the act or not know that it was wrong.

Answer 5

D may not know the nature and quality of the act because they were totally unaware of what they were doing eg, kemp and Hennessy. If d did not kow the nature and quality of the act, they may still be able to plead insanity if they can prove that they did not know what they were doing was wrong, legally wrong (windle)

Question 6

What are the options if the insanity plea is successful

Answer 6

Treatment orders, hospital orders, or a secure hospital