insanity

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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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