Insanity Flashcards
What are the three criminal justice concerns to insanity?
- defendant is mentally disordered at the time of the offence
- d is m.d at the time of trial and also
- when he/she is convicted
The Insanity Defence -
It can be held - not guilty by reason of insanity. If this is given, D will be given a hospital/supervision order or absolute discharge.
What is the main thing to consider in relation to insanity?
Insanity is a legal concept not medical.
Burden of Proof?
Evidential - defence must have some evidence that is credible and capable of being believed.
This will include two or more experts.
Standard of proof - defence must prove all elements of insanity on a balance of probabilities.
What are the M’Naghten Rules 1843? IN EXAM
Legally binding
Not reflective of modern understandings of mental illness
Stigma significant and rarely used
Means guilty pleas and prisons with a high population of mental disorders
The test is not caught up with science.
What is the test of insanity? - M’Naghten Rules
- D must suffer from a disease of mind
- This must have caused a defect of reason
- The defect of reason must have caused a lack of responsibility
What is defined as a disease of the mind?
This is a legal term - Kemp (1957)
Need not be permanent but internal - a malfunction of the mind by disease
- must be curable
What was established in Coley 2013?
Precise line between law of voluntary intoxication and the law of insanity. - Must be a disease of the mind in which can be recognized through too much intoxication.
Defect of reason?
This is where their is an affected ability for d to reason with things. Suggests D does not have M/R for offence.
Principle of Clarke 1972?
The fact that someone is confused does not suffice.
Defendant does not know their act was wrong - Windle 1952?
D knew his act was wrong as knew the result would end with him being hanged.
What was held in Oye 2013?
D can raise insanity alongside other defences.
