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Criminal Law
Defences
Insanity
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Created by
isabel jennings
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Cards (18)
What must D prove to rely on the insanity defense?
He was insane at the time of the
offence
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What are the M'Naghten Rules from 1843 regarding insanity?
D must prove a
defect of reason
caused by a
disease of the mind
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What does "defect of reason" mean in the context of insanity?
Inability to use powers of reason
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What case established that confusion or absent-mindedness does not equate to insanity?
Clarke
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What constitutes a "disease of the mind" in legal terms?
A legal term covering any
mental malfunction
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Can a disease of the mind be temporary?
Yes, it can be
permanent
or temporary
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What is an example of a condition that can be classified as a disease of the mind?
Brain tumour
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What condition did the case Kemp relate to?
Arteriosclerosis
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What did the case Sullivan establish regarding epilepsy?
A minor epileptic fit can amount to
insanity
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What did the case Burgess relate to in terms of insanity?
Sleepwalking caused by an
internal factor
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What condition did the case Hennessy relate to?
Hyperglycaemia
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What does "nature and quality of acts" refer to in the context of insanity?
The
physical quality
of the act
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What is an example of an automatic state in the context of insanity?
Conduct
involuntary
due to
unconsciousness
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What does it mean if D is conscious but does not understand his actions?
He may have
delusions
affecting
perception
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What did the case Windle establish regarding the defendant's knowledge?
D knew both the nature and
quality
of his act
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What happens if insanity is proved in court?
D
receives a special verdict of
not guilty by reason of insanity
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What options does the court have after a special verdict of insanity?
Impose a
hospital order
or supervision order
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What must happen for murder cases involving insanity?
A
hospital order
restricting discharge
indefinitely
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