Insanity Flashcards
What are the six aspects of Insanity evaluation?
- Rules created in 1843
- Definitions
- Current rules too broad
- Narrow definition
- Burden of proof
- Jury decision
The royal commission on capital commission, in 1953, said the defence was “____ and _____.”
Obsolete and misleading
The ____ ______ ____ ____ _____, in 1953, said the defence was “Obsolete and misleading”
Royal commission on capital commission
The rules of insanity were created in _____
1843
Why is it a problem that the insanity rules were created in 1843?
Our knowledge of psychiatric injury was limited in the 19th-century. Despite developments of knowledge in this field, the rules have not changed,
The royal commission on capital commission, in ___, said the defence was “Obsolete and misleading.”
1953
Who criticised insanity in 1953?
The royal commission on capital commission
What three issues have been raised concerning the definitions of insanity?
- Should diseases such as diabetes be labelled as insanity?
- Why is a person with high blood sugar more dangerous with a person with low blood sugar?
- The definition is anomalous in the way that insanity has a legal definition yet a medical effect.
What is an issue that has been raised concerning the definition of insanity?
Hint: Anomaly
The fact that insanity has a legal definition yet a medical effect makes for inconsistency in the law.
What is an issue that has been raised concerning the definition of insanity?
Hint: Physical vs Mental
Is it logical to STILL name the effects of diabetes as insanity?
What is an issue that has been raised concerning the definition of insanity?
Hint: High vs low?
The fact that someone with high blood sugar is considered more dangerous than someone with low blood sugar seems illogical.
The current rules are said to be too wide as they include people who are unlikely to be a ___ ____ to themselves and others
recurring dangers
People suffering from 1.\_\_\_\_\_ 2.\_\_\_\_ 3.\_\_\_\_ are included within the definition of insanity despite the fact they're unlikely to be \_\_\_\_
- Epilepsy
- Diabetes
- Sleepwalking
Dangerous
Why is insanity having an arguably narrow definition an issue?
It excludes those who are mentally ill yet aware that what they’re doing is wrong.
Medical evidence now recognises the possibility that mental illness can affect a personality and therefore may influence to commit a crime
Who is the burden of proof on?
The defendant.
Why is the burden of proof an issue?
This conflicts with the presumption of innocent until proven guilty. This may be contrary to Art 6 ECHR.
Why is the decision of whether the defendant is insane being done by a jury an issue?
At the trial there will be conflicting medical evidence and the jury must decide whether the D is LEGALLY INSANE despite lacking expertise.
There have been ___ suggested reforms the defence of insanity.
Three
Who suggested the M’Naughten rules should be abolished or bought in line with current medical knowledge?
The British medical association.
Who suggested that the definition of insanity should be extended to those incapable of preventing themselves from committing an offence.
The royal commission on capital punishment
What two things did the royal commission on capital punishment have to say about insanity?
- The defence is “obsolete and misleading.”
2. The definition should be extended to those incapable of preventing themselves from committing an offence.
Who suggested that defendants need a defence where the D is suffering from a mental illness and the jury are satisfied that he has the AR and NO MR.
The Butler committee.
The British medical association suggested that…
The M’Naughten rules should be abolished or update to suit current medical knowledge.
The butler committee suggested that….
A defence is needed where D is mental and the jury are satisfied that he has AR without MR.
What are the six criticisms of insanity?
- Rules created in __
- D_____
- Current rules too ___
- Narrow ____
- B____ of ____
- Jury ___
- Rules created in 1843
- DEFINTIION
- Current rules too BROAD
- Narrow DEFINITION
- BURDERN of PROOF
- Jury DESCISION
In pleading this defence, the D is claiming that they didn’t know what they were doing when they committed the offence because they….
Are “insane”
If the defence is accepted, what is the verdict?
Not guilty by insanity
What two things may happen after the defendant is found not guilty by insanity?
- The judge orders a compulsory hospital murder if it’s a severe offence e.g murder
- If what the D has done is less serious serious defence, they may just go to mental hospital for regular treatment.
Either way, the D won’t be released unless the doctors say so
Is insanity a popular defence?
Not at all
Insanity is featured in __% of criminal trials annually
1
Can judges raise the defence of insanity?
Yes
Insanity was DEFINED in the case of ____
M’Naughten
Insanity has three elements
- The D must be suffering from ______
- The disease of the mind must cause a ______
- The defendant does not know the ___ and ____ of his act or does not know that he was doing what was ___
- A disease of the mind
- Defect of reason
- Nature and quality
Wrong
Element 1 of insanity is a ____ test but medical evidence will be used to help prove it
legal
The disease of the mind MUST result from an ___ factor
Internal
R v Kemp
A disease of the mind can be a disease of the body that impacts the mind
R v Sullivan
Epilepsy is a disease of the mind
R v Burgess
Sleepwalking is a disease of the mind
A disease of the mind is any disease that causes the mind to _____
Malfunction
Sleepwalking is a disease of the mind
Case?
R v Burgess
A disease of the mind can be a disease of the body that impacts the mind
Case?
R v Kemp
Epilepsy is a disease of the mind
Case?
R v Sullivan
Element 2 of insanity is that the disease of the mind MUST cause…..
A defect of reason
The disease of the mind MUST make D incapable of ……
exercising powers of reason
R v Clarke
Illustrates the idea that the loss of powers in reason must be full to satisfy insanity
Element 3 of insanity is that
” so that the D does not know that the
NATURE AND QUALITY of his act or does not know that he was DOING WHAT WAS WRONG.”
“Nature and quality” refers to the ____ nature of the act and usually manifests itself as a ______
physical
“delusion”
“knowledge that it was wrong requires D to understand he is acting unlawfully.”
R v Windle
R v Windle
“knowledge that it was wrong requires D to understand he is acting unlawfully.”
