insanity Flashcards
what is the verdict you get if you are sucsessfull in proving insanity
not guilty by reason of insanity
what is the burden and standerd of proof for insanity
defendant
on the ballance of probablities
who decides weather the defence of insanity is applied
the jury
what is insane automatism
the cause of the automatism is a disease of the mind withing the m’naghten rules
what is said in the m’naghten rules
every men is presumed to be sane and to possess a degree of reason
what are the 3 elements for a defence of insanity
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
for the defect of reasoning what must be impared
d powers of reasoning
will D have a deffect of reasoning if they are capable of resoning but have not done so
no
is confusion/absent mindedness enough for defect of reason
no
give a case for is confusion/absent mindedness enough for defect of reason
R v Clarke
what must the defect of reasoning be as a result of
a disease of the mind
what is a disease of the mind defind as and give the case
a condition which imapres the function of mental faculties
R v kemp
what kind of disease can it be which affects the mind
mental or physical
if the disease is cased by an external factor is it insanity + case
no it will probs be automatism
R v coley
what are the two things the defect of reason must have cased
a d to not know the nature and quality of their act
b d is not aware that their act is not legal
if d dosent know the nature and quality of their act what does this refer to + example +case
the physical character of the act
eg d is unconcisous or dosent know what they are doing
R v Oye
if d is not aware that their act is not legal what does this mean + case
d is aware of their act but they dont know that its illegal
R v Windle
what happen if the defence is accepted
the judge will issue an order under
what act will the judges order be under
criminal procedure act 1991
if the defence is for a murder/manslaughter what will be the order
a manditory hospital order
if the defence is for not murder or manslaughter waht can the order be
hospital order
treatment order
absolute discharge
