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insanity: general defence on internal conditions (basics of insanity…
insanity
: general defence on internal conditions
basics
of insanity
if the defence is proven to be available , it results in a
special verdict
- "
not guilty by reason of Insanity
"
results in
4 options
for the judge if the defence is proven to be available (
except in murder charges
)
mental institution
treatment or supervision
guardian order
or absolute discharge
pleaded only
30 times
a year (rare defence)
found in
s.4a criminal precedure act 1964
if the
AR is unclear
of the def., however if the
AR is clear
then itll be found under
s.5 criminal procedure act 1964
M'Naughten rule 1.
(1843)
Defect of Reasoning (DOR) (
Clarke 1972
)
must be
legally wrong
not morally wrong (
Windle
)
a
complete loss of reasoning
not simply a failure to use powers
contributes to the defect of the mind
M'Naughten rule 2.
(1843)
Disease of the mind (DOM) (
Kemp 1957
)
must
arise from
a defect of reasoning (
DOR
)
any
physical or mental condition
which affected the functioning of the mind
cases
Burgess
-
sleepwalking
Sullivan
-
epilepsy was established as it effects the mind even though its a physical illness
Hennessy
-
Diabetes - failed to take insulin and went into a state of psychosis
2 doctors
must be present to
give evidence
that the def. was suffering of a
DOM
at the time of the killing
M'Naughten rule 3a.
(1843)
doesnt know the nature of his acts (
Sullivan 1986
)
eden strang
= killed 11 in a church as he thinks they're demons - suffers from schzophrenia
Codere
= thought his wife's neck was a loaf of bread so he chopped it up
M'Naughten rule 3b.
(1843)
OR, if the def. doesnt know what hes doing is wrong (
Windle 1952
)
kills his wfie with a dosage of 100 asprin pills (his wife is severly depressed); has a mental illness called 'foile a deux' which is where you become mentally off someone else who has a mental illness; when he's arrested he said 'i guess i will hang for this' showing he knows what he did wrong therefore the defence wasn't availible and convicted of murder
the word wrong means legally wrong not morally wrong
reforms and criticisms
defence is too wide and too narrow
dont have to have a mental ilnness
to plea fro insanity
has
phsyical elements
when its meant to be
internal
i.e.
epilepsy
stigma
that is attached with the name of the defence 'insanity' suggesting the def. is insane where they may not be
REFORM SUGGESTION: In
1953 the Royal Commission on Capital Punishment
suggested reform of the M'Naghten Rules, They suggested that
D would be classed as insane where he was 'incapable of preventing himself'
from committing the offence in question