Insanity Flashcards
What is the defence of insanity?
The defence of insanity is a mental capacity defence that may apply in legal cases.
What are the M’Naghten Rules?
The rules of insanity are based on the M’Naghten Rules 1843 which set out 3 elements that need to be satisfied.
Who bears the burden of proving insanity?
The burden of proving insanity is on the defence, who must prove it on the balance of probabilities.
What is the first element of the M’Naghten Rules?
The first element is that the defendant must have a defect of reason which means deprived of the powers of reasoning and is more than absent minded or confused,set out in Clarke
What does ‘defect of reason’ mean?
Defect of reason means being more than absent-minded or confused, as established in Clarke.
Can a defect of reason be temporary?
Yes, a defect of reason can be permanent or temporary, as seen in Sullivan.
What is the second element of the M’Naghten Rules?
The second element is that the defect of reason must be due to a disease of the mind.
What types of diseases qualify under the second element?
The disease can be an internal mental disease or a physical disease affecting reasoning, memory, or understanding.
What are some examples of diseases of the mind?
Examples include delusional/paranoid (M’Naghten), hardening of the arteries (Kemp), epilepsy (Sullivan), diabetes (Hennessy), and sleep disorder (Burgess).
What is an external cause in the context of insanity?
Being diabetic and taking insulin which results in low blood sugar is an an external cause and is automatism as in quick.
What is the third element of the M’Naghten Rules?
The third element is that the defendant must not know the nature and quality of their act or must not know that their act is wrong in law.
What does it mean to not know the nature and quality of an act?
It means the defendant does not understand or know what they are doing, or does not know that their act is wrong in law (Ove, Windle).
What verdict is given if insanity is proven?
If insanity is proven, the special verdict of ‘not guilty by reason of insanity’ is given.
What can a judge impose after a verdict of not guilty by reason of insanity?
The judge can impose a mental hospital order, a supervision and treatment order, or an absolute discharge.
What must be satisfied for a defendant to be found not guilty by reason of insanity?
All 3 M’Naghten rules must be satisfied.
