Insanity

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.