insanity scaffold Flashcards
intro ?
-mcnaughton rule
-states every man is presumed sane could change that assumption by proving
- A defect of reason caused by a disease of the mind and that he did not know the nature of the quality of his act that was doing wrong
-full defence found not gulity
first requirment ?
-must be porven the d suffers from a defect of reason
-Clarke mere absentmindedness will not suffice
second requirment ?
-must be proven the d has a disese of the mind this can be mental or physical
-if the physical disease affects d mental functioning as in kemp
-can include epilipsy sullivan and sleepwalking burgees
final requirment ?
-must be proven the d dosent understand the nature of the act
- the d is in a state of unconciousness
-or they are conscious but dont understand what they are doing
-not knowing its wrong (windle)
-not knowing the nature can see delusions (oye)
outro?