Insanity and Automatism (AO2) Flashcards
What is the application for Insanity split into?
-Intro
-Defect of reason
-Disease of the mind
-Nature and Quality
-Conclusion
What would you write for insanity application intro?
-Insanity can be raised due to… explain what has happened
What would you write for defect of reason? (insanity)
-Explain why the D doesn’t know what they are doing (look at actions during crime) explain whether this is / isn’t more than confusion or absent mindedness
What would you write for disease of the mind? (insanity)
-Here the disease of the mind is… it causes malfunctioning of the brain
-This is a physical disorder that is demonstrated by violence because…
-Temporary or permanent, curable or incurable
What would you write for nature and quality? (insanity)
-Explain why D does/n’t understand nature and quality of his conduct (conscious - would, unconscious - wouldn’t)
-Explain why the D does or doesn’t know what he was doing was wrong (unconscious = doesn’t)
What would you write for conclusion? (insanity)
-If it fails explain upon which element and why?
-If it is successful explain that the special verdict will apply, this is not guilty by reason of insanity and gives sentencing options to the Judge
What is the application for automatism split into?
-Involuntary action
-External factor
-Self-induced automatism
-Conclusion
What would you write for Involuntary action? (Automatism)
-Why is the D in an automatic state?
-Explain why the D has or doesn’t have control over his limbs in a purposeful manner (complete/partial automatic state, does D have control)
What would you write for external factor? (Automatism)
-What is the external factor that caused the automatic state?
Diabetes (if applies)
-Is the diabetes internally (insanity) or externally (automatism) caused - use scenario facts
Dissociative state (if applies)
-What caused the dissociative state?
-Explain why this is or isn’t extraordinary events or overwhelming emotions (everday emotions not called as a dissociative state)
What would you write for self-induced automatism? (Automatism)
-How did the D bring on the automatic state, what drugs they take?
-State that the rules of intox will apply over automatism
What would you write for conclusion? (Automatism)
-Explain if the defence will be successful
-If the defence fails - explain exactly which element causes this
-If the defence is successful explain that the D is entitled to a full acquittal as they were not in control of their actions so have no mens rea
