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defences
mental capacity defences
insanity
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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
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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
.
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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'
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What is the definition of insanity according to M'Naghten?
'Defect of
reason
caused by disease of the
mind'
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What does Clarke's case signify regarding mens rea?
It indicates
not
denying
mens rea
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Does it matter if the defect of reason is permanent or temporary according to Hennessy/Sullivan/Burgess/Kemp?
No
,
it
does
not
matter
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What does Bratty state about mental disorders?
Any mental disorder which has
manifested
itself
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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
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What does Windle indicate about knowledge of the act?
Knowledge that the act was
legally wrong
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