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Law Unit 1 topic 7: Fatal offences against the person > Insanity > Flashcards

Insanity Flashcards

1
Q

What are the six aspects of Insanity evaluation?

A
  1. Rules created in 1843
  2. Definitions
  3. Current rules too broad
  4. Narrow definition
  5. Burden of proof
  6. Jury decision
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2
Q

The royal commission on capital commission, in 1953, said the defence was “____ and _____.”

A

Obsolete and misleading

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3
Q

The ____ ______ ____ ____ _____, in 1953, said the defence was “Obsolete and misleading”

A

Royal commission on capital commission

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4
Q

The rules of insanity were created in _____

A

1843

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5
Q

Why is it a problem that the insanity rules were created in 1843?

A

Our knowledge of psychiatric injury was limited in the 19th-century. Despite developments of knowledge in this field, the rules have not changed,

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6
Q

The royal commission on capital commission, in ___, said the defence was “Obsolete and misleading.”

A

1953

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7
Q

Who criticised insanity in 1953?

A

The royal commission on capital commission

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8
Q

What three issues have been raised concerning the definitions of insanity?

A
  1. Should diseases such as diabetes be labelled as insanity?
  2. Why is a person with high blood sugar more dangerous with a person with low blood sugar?
  3. The definition is anomalous in the way that insanity has a legal definition yet a medical effect.
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9
Q

What is an issue that has been raised concerning the definition of insanity?

Hint: Anomaly

A

The fact that insanity has a legal definition yet a medical effect makes for inconsistency in the law.

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10
Q

What is an issue that has been raised concerning the definition of insanity?

Hint: Physical vs Mental

A

Is it logical to STILL name the effects of diabetes as insanity?

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11
Q

What is an issue that has been raised concerning the definition of insanity?

Hint: High vs low?

A

The fact that someone with high blood sugar is considered more dangerous than someone with low blood sugar seems illogical.

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12
Q

The current rules are said to be too wide as they include people who are unlikely to be a ___ ____ to themselves and others

A

recurring dangers

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13
Q 
People suffering from 
1.\_\_\_\_\_
2.\_\_\_\_
3.\_\_\_\_
are included within the definition of insanity despite the fact they're unlikely to be \_\_\_\_
A
  1. Epilepsy
  2. Diabetes
  3. Sleepwalking
    Dangerous
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14
Q

Why is insanity having an arguably narrow definition an issue?

A

It excludes those who are mentally ill yet aware that what they’re doing is wrong.

Medical evidence now recognises the possibility that mental illness can affect a personality and therefore may influence to commit a crime

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15
Q

Who is the burden of proof on?

A

The defendant.

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16
Q

Why is the burden of proof an issue?

A

This conflicts with the presumption of innocent until proven guilty. This may be contrary to Art 6 ECHR.

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17
Q

Why is the decision of whether the defendant is insane being done by a jury an issue?

A

At the trial there will be conflicting medical evidence and the jury must decide whether the D is LEGALLY INSANE despite lacking expertise.

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18
Q

There have been ___ suggested reforms the defence of insanity.

A

Three

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19
Q

Who suggested the M’Naughten rules should be abolished or bought in line with current medical knowledge?

A

The British medical association.

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20
Q

Who suggested that the definition of insanity should be extended to those incapable of preventing themselves from committing an offence.

A

The royal commission on capital punishment

21
Q

What two things did the royal commission on capital punishment have to say about insanity?

A
  1. The defence is “obsolete and misleading.”

2. The definition should be extended to those incapable of preventing themselves from committing an offence.

22
Q

Who suggested that defendants need a defence where the D is suffering from a mental illness and the jury are satisfied that he has the AR and NO MR.

A

The Butler committee.

23
Q

The British medical association suggested that…

A

The M’Naughten rules should be abolished or update to suit current medical knowledge.

24
Q

The butler committee suggested that….

A

A defence is needed where D is mental and the jury are satisfied that he has AR without MR.

25
Q

What are the six criticisms of insanity?

  1. Rules created in __
  2. D_____
  3. Current rules too ___
  4. Narrow ____
  5. B____ of ____
  6. Jury ___
A
  1. Rules created in 1843
  2. DEFINTIION
  3. Current rules too BROAD
  4. Narrow DEFINITION
  5. BURDERN of PROOF
  6. Jury DESCISION
26
Q

In pleading this defence, the D is claiming that they didn’t know what they were doing when they committed the offence because they….

A

Are “insane”

27
Q

If the defence is accepted, what is the verdict?

A

Not guilty by insanity

28
Q

What two things may happen after the defendant is found not guilty by insanity?

A
  1. The judge orders a compulsory hospital murder if it’s a severe offence e.g murder
  2. If what the D has done is less serious serious defence, they may just go to mental hospital for regular treatment.

Either way, the D won’t be released unless the doctors say so

29
Q

Is insanity a popular defence?

A

Not at all

30
Q

Insanity is featured in __% of criminal trials annually

A

1

31
Q

Can judges raise the defence of insanity?

A

Yes

32
Q

Insanity was DEFINED in the case of ____

A

M’Naughten

33
Q

Insanity has three elements

  1. The D must be suffering from ______
  2. The disease of the mind must cause a ______
  3. The defendant does not know the ___ and ____ of his act or does not know that he was doing what was ___
A
  1. A disease of the mind
  2. Defect of reason
  3. Nature and quality
    Wrong
34
Q

Element 1 of insanity is a ____ test but medical evidence will be used to help prove it

A

legal

35
Q

The disease of the mind MUST result from an ___ factor

A

Internal

36
Q

R v Kemp

A

A disease of the mind can be a disease of the body that impacts the mind

37
Q

R v Sullivan

A

Epilepsy is a disease of the mind

38
Q

R v Burgess

A

Sleepwalking is a disease of the mind

39
Q

A disease of the mind is any disease that causes the mind to _____

A

Malfunction

40
Q

Sleepwalking is a disease of the mind

Case?

A

R v Burgess

41
Q

A disease of the mind can be a disease of the body that impacts the mind
Case?

A

R v Kemp

42
Q

Epilepsy is a disease of the mind

Case?

A

R v Sullivan

43
Q

Element 2 of insanity is that the disease of the mind MUST cause…..

A

A defect of reason

44
Q

The disease of the mind MUST make D incapable of ……

A

exercising powers of reason

45
Q

R v Clarke

A

Illustrates the idea that the loss of powers in reason must be full to satisfy insanity

46
Q

Element 3 of insanity is that

A

” so that the D does not know that the

NATURE AND QUALITY of his act or does not know that he was DOING WHAT WAS WRONG.”

47
Q

“Nature and quality” refers to the ____ nature of the act and usually manifests itself as a ______

A

physical

“delusion”

48
Q

“knowledge that it was wrong requires D to understand he is acting unlawfully.”

A

R v Windle

49
Q

R v Windle

A

“knowledge that it was wrong requires D to understand he is acting unlawfully.”

Law Unit 1 topic 7: Fatal offences against the person (8 decks)

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