AQA A2 Law Unit 3 - Defences - Insanity

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  • Created by: Amy
  • Created on: 25-02-14 16:57
When can the insanity plea not be used
Strict liability, as it requires a mens rea
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What must the show at the time of the crime?
That he was insane during the crime, with medical evidence
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What sentence may be given to someone if they are not guilty of murder by reasons of insanity?
Hospital order with restricted discharge
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What does the case of McNaghten 1843 outline?
Defect of Reason, caused by a disease of the mind, Defendant doesn't know that the nature or quality of the act is wrong
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Disease of the mind must be the what terminology?, Which case outlines this?
Legal - Sullivan
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What does the case of Kemp outline?
Insanity can be temporary
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What is the nature and quality of a crime?
Didn't know what he was doing, Didn't understand the consequences and did not understand the circumstances in which he was acting
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Was there a Mens Rea?
They knew what they were doing, just didn't know it was wrong
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Why did the insanity plea fall in the case of Windle?
As he stated " ill hang for this" meaning he understood what he had done
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Other cards in this set

Card 2

Front

What must the show at the time of the crime?

Back

That he was insane during the crime, with medical evidence

Card 3

Front

What sentence may be given to someone if they are not guilty of murder by reasons of insanity?

Back

Preview of the front of card 3

Card 4

Front

What does the case of McNaghten 1843 outline?

Back

Preview of the front of card 4

Card 5

Front

Disease of the mind must be the what terminology?, Which case outlines this?

Back

Preview of the front of card 5
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