Insanity Flashcards
3 part test
- A defect of reason
- Caused a disease of the mind
- D does not know what they are doing is wrong
explain a defect of reason
The defect of reason must impair the D’s power of reasoning
Case for defect of reason and absentmindedness
R V Clarke
Whats the rule for a defect of reason and absentmindness and confusion
Absentmindedness and confusion are not enough for this defense
explanation of disease of the mind
The disease must cause a malfunctioning of the mind and be from an internal factor
Case for epilepsy
Sullivan
Case for hardening of arteries
Kemp
Case for sleep disorder
Burgess
Whats the rule regarding diabetes
The defense cannot be used in cases where too much insulin has been taken by the D (Hypoglycemic), However it can be used when the D has a lack of insulin (Hyperglycemic)
Case for Hypoglycemic state where defense was not allowed
Quick
Case for hyperglycemic state where defense was allowed
Hennessy
What must the disease of the mind do to the defendant
The D must fail to understand that what they were doing was legally wrong