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insanity - Coggle Diagram
insanity
disease of the mind
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kemp, the court ruled that the 'mind' did not simply mean the brain- it covered the mental faculties of reason, memory and understanding
the term covered any physical or mental condition which affected the functioning of the mind. it did not matter whether the condition was curable or incurable, permanent or temporary, usually this is an internal cause
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overview
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law on insanity laid down in M'Naghten (has become known as the M'Naughten rules), hold the reverse burden of proof (balance of probabilities
if the defendant is not acquitted but found 'not guilty by reason of insanity' (specialised verdict)
since 1991 where D found not guilty judge can 1. send D to a mental institution (common in murder cases), 2. order treatment or supervision, 3. make a guardianship order, 4. grant the defendant an absolute discharge
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defect of reason
clarke, absent mindness and forgetfulness is not a defect of reason. what is required is a complete loss of reasoning not simply a failure to use powers of reason
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