Evaluation of Insanity

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  • Created by: 10dhall
  • Created on: 12-06-17 23:33
What are the criticisms of the M'Naghten rules?
The rules are outdated, provides for automatons but not all insane, medical knowledge has progressed, doctors are put in difficult situations, rules do not provide a defence for irresistible impulses, overlapping theories, sleepwalkers cause issues
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What are the procedural issues?
The burden of proof is on the D on the balance or probabilities, up to the judge to decide on insanity
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What is the title of the reform propsoals?
'Draft Criminal Code'
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What do they state about the statute?
Should be changed to 'recognised medical condition'
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What does it say about certain conditions?
Some will not qualify
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What does it state about under 18's?
They should be allowed to have a supervision order
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Other cards in this set

Card 2

Front

What are the procedural issues?

Back

The burden of proof is on the D on the balance or probabilities, up to the judge to decide on insanity

Card 3

Front

What is the title of the reform propsoals?

Back

Preview of the front of card 3

Card 4

Front

What do they state about the statute?

Back

Preview of the front of card 4

Card 5

Front

What does it say about certain conditions?

Back

Preview of the front of card 5
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