Insanity - Unit 3

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  • Created by: Carissa
  • Created on: 05-06-15 14:04
M'Naghten Rules
The defendant must be labouring under such a defect of reason, from the disease of the mind, as not to know the nature and quality of the act, or if he did know it, he did not know that it was wrong.
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Presumption from M'Naghten
In all cases every man is presumed to be sane and to possess a degree of reason to be responsible for his crimes
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3 elements
1. A defect of reason 2. Which resulted from a disease of the mind 3. Causing the defendant not to know the nature and quality of the act or to not know it was wrong.
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Clarke
Defect of reason must be more than absent mindedness or confusion
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Windle
'wrong' means legally wrong, not morally. The defendant said 'I suppose they'll hang me for this' and therefore he could not plead insanity.
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Kemp
The law is not concerned with the brain but with the mind
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Sullivan y
Can be permanent or temporary
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Hennessy
Diabetic who had not taking insulin - affecting D's mind from an internal factor. suffices.
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Burgess
Attacked girlfriend in sleep. Internal factor held to suffice insanity.
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Quick
If the defendant's state is caused by an external factor, it is held not to be insanity.
10 of 10

Other cards in this set

Card 2

Front

In all cases every man is presumed to be sane and to possess a degree of reason to be responsible for his crimes

Back

Presumption from M'Naghten

Card 3

Front

1. A defect of reason 2. Which resulted from a disease of the mind 3. Causing the defendant not to know the nature and quality of the act or to not know it was wrong.

Back

Preview of the back of card 3

Card 4

Front

Defect of reason must be more than absent mindedness or confusion

Back

Preview of the back of card 4

Card 5

Front

'wrong' means legally wrong, not morally. The defendant said 'I suppose they'll hang me for this' and therefore he could not plead insanity.

Back

Preview of the back of card 5
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