Insanity

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  • Created by: 10dhall
  • Created on: 25-04-17 19:06
What is insanity defined as?
Unsoundness of mind due to brain disease
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What can insanity make someone do?
Not know what they are doing, think what they are doing is right due to insanity, know what they are doing is wrong but cannot control their actions, or not know what they are doing it is wrong, or know what they are doing but think it is right
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What are procedural issues in insanity trials?
The burden of proof is on the balance or probability
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What statute is unfitness to plead under?
The Criminal Procedure Insanity Act 1964
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How to tell if someone is unfit to plaed?
If they cannot instruct lawyers, cannot follow the proceedings, cannot understand what is going on, challenge jurors or understand the difference between guilty and not guilty
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Who is unfitness to plead examined by?
Two doctors, one of which specialises in mental health
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Sentencing options in insanity verdicts?
It used to be indefinite detention in a mental hopsital. Now: hospital order, community order with a mental health condition, guardianship orders, restriction orders, absolute discharge
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What is the legal test for insanity?
The M'naghten rules
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What do the rules set out?
That everyone is presumed sane and responsible for their crimes until the contrary is proved, if someone wants to plead insanity they must prove that at the time of committing they were suffering from insanity
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What counts as disease of the mind?
Epilepsy, sleep walking, hyperglycemia, brain tumours, arteriosclerosis
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Cases on insanity?
Kemp 1957, Quick 1973, Hennessy 1989, DPP v H 1997, Burgess 1991, Sullivan 1984, Thomas 2009
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Criticisms of the M'naghten rules?
Rules are outdated, medical knowledge is now more advance, doctors in trial are placed in a difficult position, rules to not provide a defence to people who have irresistible impulses
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Reform proposals?
The common law rules on insanity should be abolished, certain conditions would not qualify, if a medical condition is doubted should be a question of law not for the jury
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Other cards in this set

Card 2

Front

What can insanity make someone do?

Back

Not know what they are doing, think what they are doing is right due to insanity, know what they are doing is wrong but cannot control their actions, or not know what they are doing it is wrong, or know what they are doing but think it is right

Card 3

Front

What are procedural issues in insanity trials?

Back

Preview of the front of card 3

Card 4

Front

What statute is unfitness to plead under?

Back

Preview of the front of card 4

Card 5

Front

How to tell if someone is unfit to plaed?

Back

Preview of the front of card 5
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