Insanity

Question 1

what is insanity

Answer 1

A full defence, very rarely used and in many elements a complete reversal to most of the processes we see within the court system

Question 2

doe insanity result in acquittal

Answer 2

Does not result in an acquittal, but generally in some form of supervision or hospital order (often greater than the equivalent custodial)

Question 3

who can insanity be raised by

Answer 3

It can also be raised by prosecution and Judge, as well as defence

Question 4

Viscount Sankey - Woolington v DPP (1935)

Answer 4

“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

Question 5

burden of proof

Answer 5

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

Question 6

insanity burden

Answer 6

When the defence of insanity is raised, the standard shifts

The remainder of the court case remains as standard

Question 7

insanity must be proved by the defence as…

Answer 7

on the balance of probabilities (51%)

Question 8

beyond reasonable doubt test

Answer 8

one of an evidentiary burden – all the defendant needs to do is to raise the question of ‘doubt’ in their defence

Question 9

persuasive burden of proof

Answer 9

as seen in the burden for insanity means that they must show their claim to be more than likely not true

Question 10

what are the 3 main concerns when it comes to insanity within the CJS

Answer 10

1. When the D is mentally disordered at the time of the offence – diminished responsibility or insanity defence
2. When D is mentally disordered at time of trial – fitness to plead
3. D mentally disordered when convicted – MH dispositions

Question 11

what does insanity as a defence require

Answer 11

multiple medical and psychological evidence to ensure that it is used correctly

Question 12

what two main arguments underpin the concept of insanity

Answer 12

Medical v Legal definitions

Public protection v deserved punishment?

Question 13

where does the test of insanity originate from

Answer 13

M’Naghten Rules [1843]

Question 14

test of insanity

Answer 14

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

Question 15

what kind of term is disease of the mind

Answer 15

legal term not medical

Question 16

disease of the mind

Answer 16

No need for permanence

Internal – disease of mind by psych or phys disease

Can be curable

Question 17

Kemp 1957 - disease of the mind

Answer 17

hardening of the arteries had impact on reasoning ability

Question 18

Coley 2013

Answer 18

Very common that the line between voluntary intoxication and insanity may be blurred and difficult to differentiate due to the effect of some intoxicants

Question 19

what must else there be with a defect of reason to use insanity?

Answer 19

disease of the mind which causes that defect

Question 20

defect of reason

Answer 20

Must be deprived of the power of reasoning, which then causes a lack of responsibility

Question 21

Clarke 1972

Answer 21

the defect of reason must be substantial – mere absent mindedness is not sufficient – generally considered to concern a more long term lapse of judgement

Question 22

other defences alongside insanity

Answer 22

The D can raise other offences alongside insanity, but Insanity will be applied first and then either accepted or removed

Oye [2013]

Question 23

what happens if the D is found to be insane

Answer 23

verdict of not guilty, by reason of insanity

Question 24

what does a verdict of not guilty, by reason of insanity automatically mean

Answer 24

release to ‘secure accommodation’ with release only permitted by the home sec

Question 25

declined in use

Answer 25

use of similar defences such as diminished responsibility and automatism have risen