legal aspect of substance use Flashcards
what 3 steps of establishing liability for criminal offence?
- A guilty act( actus Reus (action)
2.A guilty mind (Mens Rea (intention)
3.No defence (no legal excuse)
this will lead to criminal liability
why is a guilty mind important ?
1.Individuals should be held accountable for their action if they are acting on their autonomous wish.
2.Impaired capacity = impaired autonomy
what are the 3 types of mental capacity for criminal responsibility?
- cognitive capacity
2.volitional capacity
3.capacity for emotion
cognitive capacity
involves rationality and knowledge for understanding.
Volitional capacity
the ability to control oneself.
Capacity for emotion
referred to as an affective capacity
what is a general defence?
dealing with mental condition of the defendant at the time that the offence was committed.
what is the rationale of the insanity defence?
‘the principle that criminal punishment should only be imposed upon those who are responsible for their conduct’.
what was the (The M’Naghten rule?
There is a presumption that every man is sane;
This presumption can be rebutted by the defendant who must prove, on a balance of probabilities, that at the time of committing the act
who made the insanity test?
(The M’Naghten rule
what are the 2 reasonings of The M’Naghten rule?
accused was suffering from a detect of reason caused by a disease of the mind=
1. that he did not know the nature and quality of the act
or
2. that he did not know that what he was doing was wrong
what is insanity?
Requires proof of an internal factor (of those which originate from ‘within’ the individual); expert evidence will be required
what are 3 examples of insanity?
1.sleepwalking;
2.epilepsy
3.brain tumour
what are the 2 critics of insanity defence?
1.stigmatising terminology
2.language out of step with modern psychiatry thinking
when was statutory defence induced?
Homicide Act 1957 as a result of criticism of the defence of insanity.
-only available to murder only
in statutory defence what will the partial defence , successful plea of diminished responsibility reduce
defendants liability to manslaughter
what are the elements of the defendants responsibility?- the defence must prove that…
defendant was suffering from an abnormality of mental functioning:
arising from a recognised medical condition- which impairs defendants ability to understand nature of his conduct -form a rationale judgement or exercise self control
-or provides an explanation for the defendant’s actions in the killing or is a significant factor contributing to the defendant’s conduct
Diminished responsibility:elements: abnormality of mental functioning- what 2 things does this function include?
1.Involves internal processes and faculties
2.A legal construct rather than a psychiatric term
in diminished responsibility what 2 things does recognised medical condition include?
1.The abnormality of mental functioning must be supported by medical evidence
2.Medical evidence is important, but jury will decide.
can voluntary intoxication be a defence on its own
no
may negate the mens rea of an offence
what 2 things is in involuntary intoxication ?
1.not aware that one is consuming alcohol or drugs, or
2.not at fault in taking a drug, unaware of the effect it will have on oneself.
what 2 modals can be used to conceptualise the nature of addiction?
1.choice modal
2.disease modal
Disease modal
Has a strong neuroscientific focus ;addiction is a chronic and relapsing brain disease.
Choice model
Focuses on the natural recovery and the environmental correlates to quitting addiction;addiction is a consciously willed behaviour.
what is the concept of ‘mens rea’?
guilty mind
