Insanity

Question 1

What is the issue with ‘internal factor’:

Answer 1

• Bratty created controversial position that means epileptics, hyperglycaemic diabetics and sleepwalkers are classed as insane.
  Although these can be easily controlled with meds.
• Continuing danger theory means decisions are made based on the protection of the public rather than D, which may lead to unfair convictions.

Question 2

What is the issues with the burden of proof?

Answer 2

• Unfair that BOP is on D as it undermines the idea that they are innocent until proven guilty and if suffering from disease of mind they may not be fully aware of whats happening which could affect their sentencing.
• Different BOP from automatism which also may be seen as unfair as it may lead to inconsistent outcomes by the jury.

Question 3

What are the issues with the definition of insanity?

Answer 3

• Courts use a legal definition rather than a medical one and because its based on a common law definition this will fail to take into account any changes that have been made in the medical definition of insanity.

Question 4

What is the issues with not knowing that the act is legally wrong?

Answer 4

• Defence rules out those who are medically insane but know that the nature + quality of the act is wrong or that it is legally wrong but are unable to stop themselves.
  This seems unfair as they cannot exercise self-control so they should be able to raise the defence.

Question 5

Suggested reform?

Answer 5

• Been suggested that the burden should be reversed and placed on the prosecution.
• Argued a new defence should be put forward and this one should be removed. This new defence should apply to those with a medical condition and would find them ‘not guilty by way of a mental disorder.