Insanity

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  • Created by: 10dhall
  • Created on: 29-05-17 20:47
What is the definition of insanity?
Unsoundness of mind due to a brain disease
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What can this cause a defendant to do?
1) Not know what he is doing 2) Not know what he is doing is wrong 3) Know what he is doing but cannot control it 4) Know what he is doing is wrong but due to delusions thinks that it is right
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What are the factors surrounding unfitness to plead?
If the D cannot understand the charges, if the D cannot instruct lawyers, if the D cannot challenge jurors, and if the D does not understand the difference between guilt or innocence
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Who assesses unfitness to plead?
2 doctors specially trained in mental health
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What are the sentencing options when gaining the defence?
Hospital orders for 6 months, guardianship orders, restriction orders, community orders (with a requirement for mental health), absolute discharge or a youth rehabilitation order
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What is the legal test for insanity?
The M'Naghten rules
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What does this state?
1) Everyone is presumed sane and responsible for their crimes until the contrary is proved 2) If someone wants to plead they must show at the time of the crime they were suffering from insanity
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What counts as a 'disease of the mind'?
Sleepwalking, hyperglycaemia, brain tumours, epilepsy, arteriosclerosis
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What are the case examples in insanity?
Kemp, Quick, Clarke, DPP v H, Thomas, Hennessy, Burgess, Sullivan
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What happened in Kemp?
The D caused his wife GBH in a motiveless attack because he was suffering from arteriosclerosis. He was an affectionate and loving husband - and found not guilty by reason of insanity
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What happened in Clarke?
The D was suffering from depression which made her forgetful - she engaged in a minor shoplift as a result
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What happened in DPP v H?
The D was a manic depressive and raised insanity involving an offence of drink driving. It failed because it is one of strict liability
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What happened in Thomas?
The D killed his wife during his sleep because he had a sleeping disorder. Not guilty
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What happened in Burgess?
The D and her friend stayed over at her house watching videos when he attacked her during the nigh and killed her. He was sleepwalking - not guilty
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What happened in Hennessy?
The D was suffering from hyperglycaemia whilst he took a car whilst disqualified. Not guilty
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What happened in Sullivan?
The D suffered from epilepsy and was known to react aggressively when people tried to help him - he caused GBH to a person and was found not guilty
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What are judicial theories on insanity?
The continuing danger theory and the external factor theory
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What is the continuing danger theory?
This is that someone would be a continuing danger to society which was used in Bratty 1963
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What is the external factor theory?
This states that if someone's act was from an external factor, it will not amount to insanity (it will be automatism)
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What is the case regarding defect of reason?
Clarke
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What are criticisms of the M'Naghten rules?
They are outdated and provide a defence for automatons but not all that are insane, medical knowledge has progressed since 1843, doctors giving evidence are in difficult situations, rules do not provide a defence for people who have genuine impulses
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What are some other problems?
Sleepwalking cannot always gain the defence unless it is a result of a recognised mental illness, defendants will plead guilty to avoid a defence of insanity, confusion is caused within the overlapping of the theories
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What are the reform proposals?
The common law rules on insanity should be abolished, certain conditions would not qualify such as intoxication/irresponsible/aggressive behaviour
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Card 2

Front

What can this cause a defendant to do?

Back

1) Not know what he is doing 2) Not know what he is doing is wrong 3) Know what he is doing but cannot control it 4) Know what he is doing is wrong but due to delusions thinks that it is right

Card 3

Front

What are the factors surrounding unfitness to plead?

Back

Preview of the front of card 3

Card 4

Front

Who assesses unfitness to plead?

Back

Preview of the front of card 4

Card 5

Front

What are the sentencing options when gaining the defence?

Back

Preview of the front of card 5
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