Insanity

Cards (18)

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