Insanity Flashcards

1
Q

What is insanity?

A

A special defence to criminal offence, established under the M’Naughten rules, it must be proven that D is suffering from a defect of reason, which arises from a disease of the mind so D does not know the nature or quality of the act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If insanity is successfully proven, what is the verdict?

A

Not guilty by reason of insanity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is meant by defect of reason?

A
  • This means that the defendant’s powers of reasoning must be impaired If the defendant is capable of reasoning but has failed to use those powers, then
    this is not a defect of reason
  • R v Clarke ‘defect of reason’ in the M’Naghten rules applied only to ‘persons who by reason of a “disease of the mind” are deprived of the power of
    reasoning’.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is meant by a disease of the mind?

A

This is a legal term, not a medical one. The
disease can be a mental disease or a physical disease which affects the mind
R v Kemp
R v Sullivan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is organic insanity?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly