Psychiatric legal defences Flashcards
1
Q
Actus reus
A
-refers to the act of crime
2
Q
Mens rea
A
-refers to the intent of crime
3
Q
Age of criminal responsibility
A
- 10 years in England and Wales
- 8 in Scotland
4
Q
Fitness to plead
A
- the mental abilities to comply with trial proceedings
- there is a presumption of fitness and tests of cognitive ability and the presence of neurological, psychotic or LD conditions are relevant
5
Q
Rv Pritchard criteria
A
- test of fitness
- individual is unfit to plead if found incapable of:
- understanding the charge/charges
- deciding whether to plead guilty/not
- exercising the right to challenge jurors
- instructing solicitors and counsel
- following the course of proceedings
- giving evidence in his/her own defence
6
Q
McNaughten Rules
A
4 components
- defect of reason
- due to a disease of mind
- leading to loss of appreciation of nature and quality of an act
- so the accused did not realise what he was doing was wrong (legally or morally)
- these allow for an insanity defence
7
Q
Diminished responsibility defence
A
- reduces the charge of murder to manslaughter
- must demonstrate an absence of mens rea
- no malice aforethough
- allows for cognitive impairment, abnormal mood state, delusions but not voluntary intoxication
8
Q
Automatism
A
- rare plea
- plea by a defendant that his actions were not under the control of his conscious mind
- one offhypoglycemia (isolated), night terror, dissociative states=> sane automatisms
- insane automatisms are likely to recur and the counsel can plead not guilty by insanity=> recurrent night walking, epilepsy, hypoglycemia due to recurring conditions
9
Q
Culpable homicide
A
- an outcome of dimished responsibility
- lies in-between manslaughter and homicide
- lack of specific or evil intent but murder has taken place
- involuntary culpable homicide where death is unintended but occurs as a result of assualt or negligence
- voluntary culpable homicide refers to death from intentional reckless act but because of provocation or diminished responsibility
10
Q
Intoxication
A
- very rarely used as a defence
- spiked drink or as a side effect of medical treatment
- voluntary self induced intoxication is not a defence
11
Q
Mitigating factors
A
- reduce culpability of the defendent
1. being provoked
2. age or vulnerability
3. mental disorder or LD
4. voluntary intoxication
5. showing remorse
6. having a limited role in the offence
12
Q
Amnesia
A
- indicates an abnormality at the time of the offence
- factors often associated with claims of amnesia
1. violence - 25-45%
2. emotional arousal
3. alcohol abuse
4. depressed mood - other mental health issues may be relevent
- no legal implication in the absence of automatism
- expert witness must be sought
- amnesia around the offence does not render someone unfit to plead
13
Q
Fitness to give evidence
A
- concerns that the witnesses are unfit or unreliable
- understanding the question
- applying their mind to answering them
- conveying the answers intelligibly to the jury
14
Q
Article 2 of HRA
A
-right to life
15
Q
Article 3 of HRA
A
-prohibition of torture
