insanity

Cards (9)

  • What is the definition of insanity in legal terms?
    A defect of reason caused by a disease of the mind meaning they can’t understand the nature or quality of their act
  • What must be proven for a defense of insanity to be accepted?
    Evidence from two or more medical experts based on the balance of probabilities.
  • What does the Criminal Procedure (Insanity & Unfitness to Plead) Act 1991 pertain to?
    • It relates to the verdict of 'not guilty by reason of insanity'
  • What is the definition of insanity according to M'Naghten?
    'Defect of reason caused by disease of the mind'
  • What does Clarke's case signify regarding mens rea?
    It indicates not denying mens rea
  • Does it matter if the defect of reason is permanent or temporary according to Hennessy/Sullivan/Burgess/Kemp?
    No, it does not matter
  • What does Bratty state about mental disorders?
    Any mental disorder which has manifested itself
  • What does Codere emphasize about the nature of the act in relation to insanity?
    understanding of the physical nature of their act It emphasizes the physical nature of the act, not the moral
  • What does Windle indicate about knowledge of the act?
    Knowledge that the act was legally wrong