PSYCHOLOGIC CONTEXTS- ‘Insanity’ Flashcards
What is ‘Diminished responsibility’ ??
= if a case has diminished responsibility, the judge can reduce/lower the extremity of the sentence given
e.g. charged for murder > manslaughter
What is the year of the Homicide Act ??
1957
What does the Homicide Act 1957 state?
- he shall not be convicted of murder if he was suffering from abnormality of the mind
Example of diminished responsibility-
R v Byrne=
- Patrick Byrne murdered Ms. Brown
- he mutilated her body, due to having ‘irresistible impulses’ beyond his own control
- Defence plead under the Homicide Act provision
- His conviction changed Murder > Manslaughter
- ‘Abnormality of the mind’ accepted as state of mind
Example of diminished responsibility-
R v Vinagre (1979)=
- murdered wife on believing she was having an affair
- pled diminished responsibility due to ‘Othello syndrome’- pathological jealousy
- court upheld the plea, with significant cause
Coroners and Justice Act 2009=
(amendment of the Homicide Act 1957)
= He shall not be convicted of murder if he was suffering from an abnormality of mental functioning which:
- arose from medical condition
- provides explanation for killing
- substantially impaired from forming rational judgement/ exercising self-control
What is rational choice theory?
preference= benefits - costs
Example deemed voluntary-
R v Tandy (1989)=
= case of addiction
- killed her 11 year old daughter- strangulation
- she had alcohol dependency issues, was under influence at time of event
- she was convicted
- diminished responsibility= unsuccessful
- appellant demonstrated that she had exercised control over her drinking
Example deemed involuntary-
R v Wood=
= case of addiction
- killed a man performing an unwanted sex act
- defendant had alcohol dependency issues,- NOT under the influence at time
- still convicted
- BUT DR appeal= successful !!
What is Mens rea?
= a. guilty mind
Who shot King George III on ‘orders from God’ in 1800??
= James Hadfield
What was the outcome of James Hadfield’s treason trial?
= Hadfield deemed NOT guilty by reasons of insanity- due to head injury on battlefield
M’Naughten rule (1843)=
= A person is not responsible for criminal conduct if the defendant suffered from a medical disease/defect that
What is NGRI ??
Not Guilty by Reasons of Insanity
How successful is NGRI? (%)
25% of the time successful