General Defences Essay

Question 1

Insanity criticisms

Answer 1

1) Psychiatric medicine has changed beyond recognition
2) Legal definition separate from medical definition
3) Breach of Article 6 European Convention of Human Rights
4) Social stigmas

Question 2

Insanity reforms

Answer 2

1) M’Naughten rules should be abolished or amended
2) Burden of proof should be on prosecution
3) Automatism could be extended to cover diabetes and epilepsy

Question 3

Self Defence criticisms

Answer 3

1) All or nothing approach produces harsh results
2) Acting to prevent before it happens
3) Court look at whether force is excessive but unclear if this will apply if a psychiatric condition affects his judgement