LaN Session 4 Flashcards
What is the main criticism against the retrospective nature of legal insanity assessments?
The main criticism is that the retrospective gathering of evidence can be inaccurate because it relies on psychiatric assessments made long after the delinquent act.
What is the M’Naghten rule for the insanity defence?
It states that at the time of the crime, the defendant must have been suffering from a mental defect severe enough not to know the nature or quality of their act, or if they did know it, they did not know it was wrong.
How does the Model Penal Code (MPC) test differ from the M’Naghten rule in terms of criteria for insanity?
The MPC includes both cognitive elements (like the M’Naghten rule), and volitional elements, assessing if the defendant was unable to conform their conduct to the law due to a mental disease or defect.
What is a key feature of the insanity defence in the Dutch system?
The Dutch system does not have predefined criteria for insanity, leading to courts formulating their own criteria, which may result in inequality of justice and suboptimal (less than higher standard) criteria.
What are the ethical concerns regarding forensic psychiatric testimony in court?
Concerns include the extent to which psychiatry is relevant to the law, the potential for twisting the principles of law to aid the patient, and the risk of professionals crossing ethical boundaries to obtain favourable information for the court.
How does neuroscientific evidence factor into assessments of legal insanity?
Neuroscientific evidence (e.g. neuroimaging) can provide insights into the defendant’s mental state but has limitations, including privacy concerns and the potential for over-reliance on such evidence in court.
What challenges do sleepwalking cases present to the insanity defence under the MPC?
Sleepwalking cases challenge the definition of voluntary action, raising questions about the defendant’s control over their action, which is crucial under the volitional prong of the MPC.
