legal aspect of substance use

Question 1

what 3 steps of establishing liability for criminal offence?

Answer 1

1. 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

Question 1

why is a guilty mind important ?

Answer 1

1.Individuals should be held accountable for their action if they are acting on their autonomous wish.
2.Impaired capacity = impaired autonomy

Question 2

what are the 3 types of mental capacity for criminal responsibility?

Answer 2

1. cognitive capacity
   2.volitional capacity
   3.capacity for emotion

Question 3

cognitive capacity

Answer 3

involves rationality and knowledge for understanding.

Question 4

Volitional capacity

Answer 4

the ability to control oneself.

Question 5

Capacity for emotion

Answer 5

referred to as an affective capacity

Question 6

what is a general defence?

Answer 6

dealing with mental condition of the defendant at the time that the offence was committed.

Question 7

what is the rationale of the insanity defence?

Answer 7

‘the principle that criminal punishment should only be imposed upon those who are responsible for their conduct’.

Question 8

what was the (The M’Naghten rule?

Answer 8

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

Question 9

who made the insanity test?

Answer 9

(The M’Naghten rule

Question 10

what are the 2 reasonings of The M’Naghten rule?

Answer 10

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

Question 11

what is insanity?

Answer 11

Requires proof of an internal factor (of those which originate from ‘within’ the individual); expert evidence will be required

Question 12

what are 3 examples of insanity?

Answer 12

1.sleepwalking;
2.epilepsy
3.brain tumour

Question 13

what are the 2 critics of insanity defence?

Answer 13

1.stigmatising terminology
2.language out of step with modern psychiatry thinking

Question 14

when was statutory defence induced?

Answer 14

Homicide Act 1957 as a result of criticism of the defence of insanity.
-only available to murder only

Question 15

in statutory defence what will the partial defence , successful plea of diminished responsibility reduce

Answer 15

defendants liability to manslaughter

Question 16

what are the elements of the defendants responsibility?- the defence must prove that…

Answer 16

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

Question 17

Diminished responsibility:elements: abnormality of mental functioning- what 2 things does this function include?

Answer 17

1.Involves internal processes and faculties
2.A legal construct rather than a psychiatric term

Question 18

in diminished responsibility what 2 things does recognised medical condition include?

Answer 18

1.The abnormality of mental functioning must be supported by medical evidence
2.Medical evidence is important, but jury will decide.

Question 19

can voluntary intoxication be a defence on its own

Answer 19

no
may negate the mens rea of an offence

Question 20

what 2 things is in involuntary intoxication ?

Answer 20

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.

Question 21

what 2 modals can be used to conceptualise the nature of addiction?

Answer 21

1.choice modal
2.disease modal

Question 22

Disease modal

Answer 22

Has a strong neuroscientific focus ;addiction is a chronic and relapsing brain disease.

Question 23

Choice model

Answer 23

Focuses on the natural recovery and the environmental correlates to quitting addiction;addiction is a consciously willed behaviour.

Question 24

what is the concept of ‘mens rea’?

Answer 24

guilty mind