Insanity

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  • Created by: 10dhall
  • Created on: 08-06-17 13:15
What is the definition of insanity?
Unsoundness of mind due to brain disease
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What can this cause a defendant to do?
Not know what he is doing, act involuntarily as an automaton, know what he is doing but think it is right due to delusions, know what he is doing is wrong but cannot stop, or not know what they are doing is wrong
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What are the procedural issues?
The burden of proof is on the D or the balance or probabilities, it is up to the judge to raise insanity or not, the P or the judge can raise insanity if the defence fails to
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What counts as unfitness to plead?
Not being able to instruct lawyers, not being able to understand the charges, not know the difference between guilty/not guilty, cannot follow the proceedings, or challenge jurors
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Who assesses unfitness to plead?
Two doctors of one which must be a specialist in mental health
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What are the sentencing options?
Hospital order, guardianship order, community order with a mental health requirement, an absolute discharge
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What is the legal test for insanity?
The M'naghten rules
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What do the M'naghten rules state?
Everyone is presumed sane and responsible for their crimes until the contrary is proved and if the D wants to rely on the defence at the time of the crime they must prove they were suffering from a mental illness
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What can count as a disease of the mind?
Sleepwalking, diabetes, brain tumours, arteriosclerosis, medicine, epilepsy
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What is a case example on a motiveless attack?
Kemp - caused his wife GBH in a motiveless attack because he was suffering from arteriosclerosis
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What is a case example concerning depression?
Clarke - suffering from depression which made her forgetful, engaged in a minor shoplifting as a result
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What is a leading case on automatism relating to insanity?
Quick
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What is a case example on epilepsy?
Sullivan - suffered from epilepsy and was known to react aggressively to people trying to help him; caused GBH to a person during an attack
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What is a case example of diabetes?
Hennessy - took a car whilst disqualified, hyperglycaemic state
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What is a case example on sleepwalking?
Thomas - killed his wife in his sleep due to a sleeping disorder
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What is a case example on attacking a female friend?
Burgress - attacked his friend during the night and killed her; sleepwalking
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What is the continuing danger theory?
This was used in Bratty, and for example is when someone provides a continuing danger to society
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What is the external factor theory?
This was used in Quick and is when a condition is caused by an external factor it does not amount to insanity
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Rules on irresistible impulses?
These on their own are not enough to lead to a defence of insanity but can lead to diminished responsibility for a murder offence
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What are the criticisms of the M'naghten rules?
The rules are outdated, they provide a defence to automatons but not all insane, medical knowledge has progressed, doctors giving evidence are in difficult positions, rules do not provide a defence to irresistible impulses, current law breaches ECHR
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What are the reform proposals on insanity?
The common law should be abolished, certain conditions will not qualify (intoxication, aggressive behaviour), new statute will state 'recognised medical condition'
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Other cards in this set

Card 2

Front

What can this cause a defendant to do?

Back

Not know what he is doing, act involuntarily as an automaton, know what he is doing but think it is right due to delusions, know what he is doing is wrong but cannot stop, or not know what they are doing is wrong

Card 3

Front

What are the procedural issues?

Back

Preview of the front of card 3

Card 4

Front

What counts as unfitness to plead?

Back

Preview of the front of card 4

Card 5

Front

Who assesses unfitness to plead?

Back

Preview of the front of card 5
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