Insanity Flashcards
Where do the rules on insanity come from?
The case of M’Naghten
What are the rules on insanity called?
The M’Naghten Rules
What happened in the case of M’Naghten?
Daniel M’Naghten suffered from paranoid schizophrenia and attempted to kill the PM Rob Peel, he missed his target and killed his secretary.
What was the decision in M’Naghten?
Not guilty by reason of insanity
What was wrong with the decision in M’Naghten? And what did it lead to?
Created enormous public outcry and lead to the House of Lords outlining their reasoning and the creation of the M’Naghten Rules (1843)
What is the main rule given in M’Naghten?
That every man is presumed to be sane and possess a sufficient degree of reason to be held responsible for his actions
What are the three elements of the M’Naghten rules? and when must they occur?
- Defect of reason
- Caused by a disease of the mind
- Causing the accused not to know the nature and quality or that their acts were legally wrong.
At the material time
What is the standard of proof needed and who has the burden of proving it?
Balance of probabilities (51% +)
On the defence
What is wrong with the burden of proof in the defence of insanity?
The defence has to protest their own innocence
What piece of legislation does the defence of insanity go against?
Article 6 of the European Convention of Human Rights - presumption of innocence
What case tells us the defence of insanity is available for summary crimes?
R v Horseferry Road Magistrates’ Court Ex Parte K (1996)
What case tells us the defence of insanity is not available for offences of strict liability? And what offence was committed?
DPP v H (1997) - drink driving, but was suffering from manic depressive psychosis
Why did most defendants prefer to plead guilty and appeal once the death penalty was abolished?
Because punishment is more attractive than the special verdict
What piece of law has largely replaced insanity?
Diminished responsibility
What year was diminished responsibility introduced and by what act?
Section 2 of the Homicide Act (1957)
What case clarified the law on a ‘defect of reason’?
Clarke (1972)
What happened in Clarke (1972)?
Mrs Clarke shoplifted claiming she was suffering from depression which caused her to be forgetful and absentminded
What was the decision in the case of Clarke (1972)?
Unable to rely on insanity
Must be complete deprivation of mental faculties
Not mere absentmindedness
What is a criticism of the decision in the case of Clarke (1972) and how can it be justified?
Makes the defence rather narrow, however it is argued it must be reserved for those who truly need it
What case demonstrates how a defect of reason can be not only permanent but transient as well?
Sullivan (1984) epileptic fit
What cases show that ‘disease of the mind’ is a legal definition not a medical one?
Kemp (1957)
Hennessey (1989)
Quick (1973)
Sullivan (1984)
Why is a ‘disease of the mind’ a legal definition not a medical one?
It includes physical diseases and other diseases which psychiatrists would never term as ‘insane’
What legislation is the special verdict set out and is explained under what term?
Not guilty by reason of insanity- s1 the Criminal Procedure (Insanity) Act 1964
What statement from Kemp (1957) gives us an understanding of a defect of reason?
Ordinary mental faculties of reason, memory and understanding (Devlin)
What case shows the defendant did not know the physical nature of the act they were doing?
Codere (1917)
What has the Domestic Violence, Crime and Victims Act 2004 changed for the better?
No hospitalisation order can be made if it is not included and defined as a mental disorder under the Mental Health Act 1983, this is good for diabetics, epileptics and Mr Kemp
How is the defect of reason element considered to be narrow?
It does not recognise the disorder and inability to not control one’s own urges
What criticism did Ashworth make in Principles of Criminal Law regarding the powers of reasoning and powers of action?
Many disorders impair powers over action/reasoning
The power to control one’s actions must clearly be recognised as part of a reformed mental disorder defence
What does disease of the mind refer to?
Mind rather than brain
A disease which affects proper functioning of the mind- Hennessey 1989
What source and line number refers to an AO2 mark regarding sentencing?
‘Psychiatric equivalent of a life sentence’ - source 4, lines 8-10
What line and source refers to an AO2 mark showing public policy was at the heart of insanity?
The purpose of the test for insanity was to identify the dangerous (Lord Diplock) source 2 lines 13-16
What did the trial judge rule in the case of Sullivan, what did Sullivan plea and why?
Ruled insanity
Sullivan therefore pleaded guilty to avoid the label of insanity- source 4, lines 5-7
What did Lord Diplock establish in Sullivan (1984)?
Part of satisfying disease of the mind is to prove a defendant had a reoccurrence of danger
What did Diplock state regarding the length of the loss of control of mental faculties?
The fact they are temporary does not become and important factor until found not guilty by reason of insanity
What criticisms did Lord Diplock make in Sullivan about the law regarding the recurrence of danger theory?
Parliament had opportunities to amend the law but had not done so
Law Commission 2012 scoping paper- based on the ease of application and policy rather than sound principles
What new area of law would protect people like Byrne (1960)?
Diminished Responsibility s.52 of the Coroners and Justice Act 2009
Who decides whether the defence of insanity or automatism can be used? Case example/citation?
‘Question of law, decided by the judge on the basis of medical evidence’- Dickie (1984)
What is the role between the judge and the jury in insanity and what case gave us the role of the jury?
Judge: decides if there is sufficient evidence for the defence to be available
Jury: decides if D is insane of not (Walton 1978)
What would happen if the accused put forward the defence of insanity and no medical evidence?
The defence would therefore be irrelevant under s.1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
What was the main use of the defence of insanity prior to 1957?
Used in murder cases to avoid insanity
