Insanity

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  • Created by: 10dhall
  • Created on: 20-03-17 14:20
What is insanity?
'unsoundness of mind due to brain disease'
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What can this make the defendant do?
1) Not be aware that what they are doing is wrong 2) Not know what he/she is doing 3) Know what they are doing but due to illness think it is okay 4) know what they are doing and know it is wrong but cannot stop
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What is the burden of proof in insanity?
The balance or probabilites
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Who is it up to to decide on insanity?
The judge, and the P or the judge can raise insanity
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How can a defendant be unfit to plead?
If they cannot: understand the chargers, understand difference between guilty/not guilty, follow the proceedings, instruct layers, challenge jurors
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Who assesses unfitness to plead?
Two doctors - specialist in mental health, and the judge to decide initially
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What happens if the defendant is unfit to plead?
The jury must decide if she did the actus reus or not, if not; the jury acquit them. If they did; judge must decide on sentencing/other options
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What sentences can be given to someone with an insanity charge?
Hospital orders (six months), guardianship order, restriction order, community order, absolute discharge, restriction order
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What is the legal test for insanity?
M'naghten rules
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What counts as a disease of the mind?
Epilepsy, sleep walking, diabetes (HYPERglycaemia), brain tumours
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What happened in Kemp 1957?
The defendant caused GBH to his wife because he was suffering from arteriosclerosis which causes blackouts
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What happened in Quick 1973?
The defendant was working as a nurse and assaulted a patient, because he was in a hyperglycaemic state. The defence he was given was automatism because it was external
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What happened in Ireland v Bratty 1963?
The defendant strangled a young girl whilst unconscious following an epileptic fit
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What happened in Clarke 1972?
The defendant was suffering from depression which made her forgetful. She shoplifted as a result, insanity was raised
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What happened in Hennessy 1989?
The defendant was diabetic and was charged with taking a vehicle whilst disqualified. He did not take his insulin, causing a hyperglycaemic state and he was not guilty by reason of insanity
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What happened in Thomas 2009?
The defendant killed his wife due to a sleeping disorder causing him to attack her in his sleep. Doctors confirmed his condition and all charges were dropped
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Criticisms of the M'Naghten rules?
1) Rules are outdated. 2) Rules do not provide a defence to people who have genuine irresistible impulses. 3) Doctors giving evidence in court are put in a difficult situation
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Reform proposals?
Insanity should be abolished, the party wishing to raise the defence must provide evidence from that time, certain conditions will not qualify
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Other cards in this set

Card 2

Front

What can this make the defendant do?

Back

1) Not be aware that what they are doing is wrong 2) Not know what he/she is doing 3) Know what they are doing but due to illness think it is okay 4) know what they are doing and know it is wrong but cannot stop

Card 3

Front

What is the burden of proof in insanity?

Back

Preview of the front of card 3

Card 4

Front

Who is it up to to decide on insanity?

Back

Preview of the front of card 4

Card 5

Front

How can a defendant be unfit to plead?

Back

Preview of the front of card 5
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