insanity Flashcards

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1
Q

what is the verdict you get if you are sucsessfull in proving insanity

A

not guilty by reason of insanity

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2
Q

what is the burden and standerd of proof for insanity

A

defendant
on the ballance of probablities

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3
Q

who decides weather the defence of insanity is applied

A

the jury

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4
Q

what is insane automatism

A

the cause of the automatism is a disease of the mind withing the m’naghten rules

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5
Q

what is said in the m’naghten rules

A

every men is presumed to be sane and to possess a degree of reason

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6
Q

what are the 3 elements for a defence of insanity

A

1 defect of reason
2as a result of a disease of the mind
3 which causes D to not know the nature and quality of the act or not know that the act was wrong

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7
Q

for the defect of reasoning what must be impared

A

d powers of reasoning

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8
Q

will D have a deffect of reasoning if they are capable of resoning but have not done so

A

no

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9
Q

is confusion/absent mindedness enough for defect of reason

A

no

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10
Q

give a case for is confusion/absent mindedness enough for defect of reason

A

R v Clarke

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11
Q

what must the defect of reasoning be as a result of

A

a disease of the mind

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12
Q

what is a disease of the mind defind as and give the case

A

a condition which imapres the function of mental faculties
R v kemp

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13
Q

what kind of disease can it be which affects the mind

A

mental or physical

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14
Q

if the disease is cased by an external factor is it insanity + case

A

no it will probs be automatism
R v coley

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15
Q

what are the two things the defect of reason must have cased

A

a d to not know the nature and quality of their act
b d is not aware that their act is not legal

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16
Q

if d dosent know the nature and quality of their act what does this refer to + example +case

A

the physical character of the act
eg d is unconcisous or dosent know what they are doing
R v Oye

17
Q

if d is not aware that their act is not legal what does this mean + case

A

d is aware of their act but they dont know that its illegal
R v Windle

18
Q

what happen if the defence is accepted

A

the judge will issue an order under

19
Q

what act will the judges order be under

A

criminal procedure act 1991

20
Q

if the defence is for a murder/manslaughter what will be the order

A

a manditory hospital order

21
Q

if the defence is for not murder or manslaughter waht can the order be

A

hospital order
treatment order
absolute discharge