Insanity

?
What is the Key Case for Insanity
M'Naughten
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How many medical experts are required to prove insanity?
3
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Why is Insanity a 'Special Verdict'?
- If Insanity successful they receive a special verdict of 'not guilty by reason of insanity'
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What happened before 1991?
If proved Insanity, was given an automatic,
indefinite hospital order potentially for the rest
of your life
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What did the Criminal Procedure Act 1991 amend?
- Gave judges more discretion
- To take stigma away from insanity defence
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What is Element 1 of Insanity?
Defect of Reason, meaning the D is not capable of reasoning at all
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What is the Case for Element 1?
R v Clarke
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What is Element 2 of Insanity?
Disease of Mind
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What does Disease of Mind include?
- Diabetes (R v Quick)
- Epilepsy (R v Sullivan)
- Sleepwalking (R v Burgess)
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What is Element 3 of Insanity?
Nature & Quality, the D does not know the nature & quality of the act
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What are the questions relating to Nature & Quality?
- The D was in a state of unconsciousness or impaired consciousness
- If the D was conscious they do not understand or know what they are doing
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What is Element 4 of Insanity?
There Act was Wrong
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What was the initial meaning of Element 4?
The D knew the act was wrong 'according to the ordinary reasonable standard adopted by a reasonable man'
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What did the courts change the meaning of Element 4 to?
Did the D know the action was legally wrong?
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What are the 2 cases for Element 4?
- Windle
- R v Oye
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Other cards in this set

Card 2

Front

How many medical experts are required to prove insanity?

Back

3

Card 3

Front

Why is Insanity a 'Special Verdict'?

Back

Preview of the front of card 3

Card 4

Front

What happened before 1991?

Back

Preview of the front of card 4

Card 5

Front

What did the Criminal Procedure Act 1991 amend?

Back

Preview of the front of card 5
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