Insanity Flashcards
what is insanity
A full defence, very rarely used and in many elements a complete reversal to most of the processes we see within the court system
doe insanity result in acquittal
Does not result in an acquittal, but generally in some form of supervision or hospital order (often greater than the equivalent custodial)
who can insanity be raised by
It can also be raised by prosecution and Judge, as well as defence
Viscount Sankey - Woolington v DPP (1935)
“As regards Insanity, every accused is considered by law to be sane and accountable for his actions unless the contrary is proved.”
Viscount Sankey’s quote raises some rather large differences between the standard of procedure in a normal court to the occurrences during a normal defence raised at trial
burden of proof
Within a usual criminal court, the burden of proof is on the prosecution and relies on ‘beyond reasonable doubt’ to establish the guilt of the D
insanity burden
When the defence of insanity is raised, the standard shifts
The remainder of the court case remains as standard
insanity must be proved by the defence as…
on the balance of probabilities (51%)
beyond reasonable doubt test
one of an evidentiary burden – all the defendant needs to do is to raise the question of ‘doubt’ in their defence
persuasive burden of proof
as seen in the burden for insanity means that they must show their claim to be more than likely not true
what are the 3 main concerns when it comes to insanity within the CJS
- When the D is mentally disordered at the time of the offence – diminished responsibility or insanity defence
- When D is mentally disordered at time of trial – fitness to plead
- D mentally disordered when convicted – MH dispositions
what does insanity as a defence require
multiple medical and psychological evidence to ensure that it is used correctly
what two main arguments underpin the concept of insanity
Medical v Legal definitions
Public protection v deserved punishment?
where does the test of insanity originate from
M’Naghten Rules [1843]
test of insanity
D must suffer from a disease of the mind, which caused
A defect of reason and
The defect of reason caused a lack of responsibility, either because D did not know the nature or quality of their act or they did not know it was wrong
what kind of term is disease of the mind
legal term not medical
disease of the mind
No need for permanence
Internal – disease of mind by psych or phys disease
Can be curable
Kemp 1957 - disease of the mind
hardening of the arteries had impact on reasoning ability
Coley 2013
Very common that the line between voluntary intoxication and insanity may be blurred and difficult to differentiate due to the effect of some intoxicants
what must else there be with a defect of reason to use insanity?
disease of the mind which causes that defect
defect of reason
Must be deprived of the power of reasoning, which then causes a lack of responsibility
Clarke 1972
the defect of reason must be substantial – mere absent mindedness is not sufficient – generally considered to concern a more long term lapse of judgement
other defences alongside insanity
The D can raise other offences alongside insanity, but Insanity will be applied first and then either accepted or removed
Oye [2013]
what happens if the D is found to be insane
verdict of not guilty, by reason of insanity
what does a verdict of not guilty, by reason of insanity automatically mean
release to ‘secure accommodation’ with release only permitted by the home sec
declined in use
use of similar defences such as diminished responsibility and automatism have risen
