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A - Level Law
Blue Booklet
Insanity
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Cards (16)
What are the M'Naughten Rules established in 1843?
They are
legal standards
for determining
insanity
in defendants.
What must a defendant prove under the M'Naughten Rules?
They must prove on the balance of
probabilities
that they were suffering from a
defect of reason
.
How many medical experts' evidence is required for the defendant to prove their case?
Evidence of
2
medical
experts
is required.
What constitutes a defect of reason according to the M'Naughten Rules?
A defect of reason is when a person has
lost
their
powers
of
reasoning
due to a disease of the mind.
What are some diseases of the mind that can cause a defect of reason?
Hardening
of the arteries,
epilepsy
,
diabetes
, and sleep
disorder.
Which case is associated with hardening of the arteries as a disease of the mind?
Kemp
Which case is associated with epilepsy as a disease of the mind?
Sullivan
Which case is associated with diabetes as a disease of the mind?
Hennessy
Which case is associated with sleep disorder as a disease of the mind?
Burgess
What must the defect of reason cause the defendant to not know?
They must not know the
nature
and
quality
of their
act
or that it was
legally
and
morally
wrong.
Which case is associated with not knowing the nature and quality of the act?
Codere
Which case is associated with not knowing that the act was legally and morally wrong?
Keal
What happens if the defect of reason is self-induced?
The
defense
will fail.
What is the outcome if the defense is successful under the M'Naughten Rules?
The special verdict will be not
guilty
by reason of
insanity
.
What can a judge do if the special verdict is not guilty by reason of insanity?
The judge can make a
clinical order
for treatment, except for
murder cases
.
What is the consequence for murder cases under the M'Naughten Rules?
It results in
indefinite
detention
in a secure
medical
hospital.