insanity
- Created by: natalia ailoaie
- Created on: 15-03-23 18:43
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- insanity
- M'Naghten- defect or reason, coming from a disease of the mind so that the d either does not know the nature and quality of his act OR that d does not know what he is doing is wrong.
- 1. defect of reasoning
- deprived of power of reasoning, this can be temporary or permanent. this can also be explained as the symptoms of the illness
- 2. disease of the mind
- malfunctioning of the mind- both medical and physical conditions
- Hennessy
- 3.a. d doesn't know the nature and quality of his act
- d doesn't know what he is actually doing eg thinks he is killing an alien but he kills his wife
- 3.b. d doesn't know that the act is wrong
- johnson- insanity is not available when d knows that what he is doing is legally wrong, even if he thinks he is morally justified
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