Insanity, duress of circumstances, duress

Question 1

what is insanity

Answer 1

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

Question 2

what is a full defence

Answer 2

the person is not charged of the offence

Question 3

what does insanity result in

Answer 3

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

Question 4

who can raise insanity

Answer 4

prosecution and Judge, as well as defence

Question 5

Viscount snaky- Woolmington cv DPP (1935)

Answer 5

you are considered sane unless proved other wise

“As regards Insanity, every accused is considered by law to be sane and accountable for his actions unless the contrary is proved.”
Viscount Sankey – Woolmington cv DPP (1935)

Question 6

burden of proof

Answer 6

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 7

insanity within the court

Answer 7

• 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
• Reverse Burden of Proof

Question 8

insanity burden

Answer 8

• When the defence of insanity is raised, the standard shifts
• The remainder of the court case remains as standard

Question 9

is insanity burden problematic

Answer 9

• The beyond reasonable doubt test is one of an evidentiary burden – all the defendant needs to do is to raise the question of ‘doubt’ in their defence
• However, a 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

Question 10

insanity must be proved how?

Answer 10

Insanity must be proved by the Defence as ‘on the balance of probabilities’ (51%)

Question 11

3 areas where insanity might be raised in the CJS)

Answer 11

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 12

fitness to plead

Answer 12

whether the court think you are fit to plead

Question 13

Mental dispositions

Answer 13

custody and community will not be appropriate for who got charged

Question 14

controversy- why is insanity underused defence

Answer 14

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

Question 15

controversy- two main arguments underpin the concept of insanity

Answer 15

• Medical v Legal definitions

- Public protection v deserved punishment?

Question 16

where does the test of insanity originate from

Answer 16

M’Naghten Rules [1843] – note the time and slight difference in attitudes towards those with mental disorders

Question 17

the test of insanity is very rarely used successfully which means…

Answer 17

lots of guilty pleased and prisons with very high population of mental disorders

Question 18

the test of insanity

Answer 18

defendant must suffer from a disease of the mind, which caused
A defect of reason

The defect of reason caused a lack of responsibility, either because Defendant did not know the nature or quality of their act or they did not know it was wrong

Question 19

disease of the mind is what sort of term

Answer 19

legal term not medical

Question 20

disease of the mind

Answer 20

• Legal term, and not medical
• Kemp [1957]: hardening of the arteries had impact on reasoning ability
• No need for permanence
• Internal – disease of mind by psych or phys disease
• ## Can be curable

Question 21

coley (2013)

Answer 21

• Very common that the line between voluntary intoxication and insanity may be blurred and difficult to differentiate due to the effect of some intoxicants
• ## It is not enough to use insanity where there was a defect of reason there must also be a disease of the mind which causes that defect

Question 22

defect of reason

Answer 22

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

Question 23

defect of reason - Clark (1972)

Answer 23

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 24

the defendant must be unaware of the nature or the quality of the act- considerations

Answer 24

• Did the D know what they were doing?
• Were they suffering from a delusion or unconsciousness?
• Largely focused on the concept of not having the MR of the offence charge

Question 25

did the defendant know the act was wrong?

Answer 25

• This is not a question of morality, but one of facts and law
• The word ‘wrong’ means that it is contrary to the law – Windle [1952]
• Not that it was wrong in the eyes of a person
• If you know that what you are doing is wrong, then you ca

Question 26

other defences - One (2013)

Answer 26

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

Question 27

what happens if insanity is successful

Answer 27

• If a D is found to be ‘insane’ the jury will be directed to give a verdict of not guilty, by reason of insanity
• It used to be that this would automatically mean release to ‘secure accommodation’ with release only permitted by the home sec

Question 28

current position

Answer 28

• Some offences do lead to automatic hospitalization or attendance in a secure setting (murder, for one)
• Has declined in use dramatically and the use of similar defences such as diminished responsibility and automatism have risen

Question 29

who does the discretion fall under in this current position

Answer 29

the Judge who can under s.5 Criminal Procedure (insanity) Act 1964 decide the outcome for the Defendant