Insanity Flashcards
What type of defences are insanity, duress, intoxication and self defence?
General defences
What are the legal rules of insanity called?
The M’Naghten Rules
What does D need to prove he is suffering from?
A disease of the mind - defined as ‘any mental disorder which has manifested itself in violence and is prone to recurring’ (Bratty)
Sullivan - it can be permanent, transient or intermittent.
The disease of the mind must..
Have given rise to a defect of reason
What does a defect of reasoning mean?
Ds powers of reasoning must have been impaired, a ‘mere failure to use powers of reasoning that one has is not enough’ (Clarke) APPLY
The disease of the mid must be so far that D doesn’t….
Understand the nature and quality of his actions, and if he does, that they are legally wrong (Windle). D may be able to argue that he did no know his actions were legally wrong if he believed they were in self defence.
If successful….
D will receive a special verdict of not guilty by reason of insanity for ______ charges, and the court can order him to be admitted to a hospital, make a guardianship, supervision or treatment order or order an absolute discharge.
Summary of insanity
1 - Disease of the mind
2 - DOM must give rise to a defect of reason - powers of reasoning
3 - doesn’t understand nature and quality of actions
4 - consequences - not guilty by insanity, hospital supervision, treatment, absolute discharge
Full automatism template
Given his ____ D may rely on the fence of insanity, the legal rules of which are known as the M’Naghten rules.
To be successful, D would firstly need to prove that he was suffering from a disease of the mind - defined as ‘any mental disorder which has manifested itself in violence and is prone to recurring’ (Bratty). According to Sullivan - it can be permanent, transient or intermittent. APPLY - Here, Ds ____ would/wouldn’t fulfil the definition.
Secondly, the disease of the mind must have given rise to a defect of reason. This means that Ds powers of reasoning must have been impaired - ‘a mere failure to use powers of reasoning that one has is not enough’ (Clarke). Given that _____ APPLY
Finally, the disease of the mind must be such that D doesn’t understand the nature and quality of his actions, and if he does, that they are legally wrong (Windle). D may be able to argue that he did no know his actions were legally wrong if he believed they were in self defence. APPLY
If successful, D will receive a special verdict of not guilty by reason of insanity for ______ charges, and the court can order him to be admitted to a hospital, make a guardianship, supervision or treatment order or order an absolute discharge.
