Insanity
There are lots of problems with the law of insanity. The law comes from a case from 1843. This was the M'Naghten case. It established three rules which need to be fulfilled to prove a case for insanity.
Disease of the mind
Nature or quality of their act
•Rules established under the case of M’NAGHTEN
•There must be a defect of reason – eg mood swings, suspicious thoughts, OCD-ish symptoms, hallucinations – hearing voices, seeing things… Clarke absentmindedness is not enough
•Caused by a disease of the mind eg schizophrenia, personality disorder, paranoia, depression etc - BUT the courts have ALSO decided this can be any ‘internal factor’ such as:
Byrne psychopathy
Bratty psychomotor epilepsy
Burgess sleepwalker
Hennessey diabetes
Kemp arteriosclerosis (hardening of the arteries)
Sullivan epilepsy
•And as a result… ‘so that D does not know the nature of their act or, if they do know then they do not know that it is wrong’ Windle after killing his wife said ‘I suppose I’ll hang for this’
The defence of insanity is unique in that it may be raised by the prosecution and judge in addition to the defence. There is a special verdict of NOT GUILTY BY REASON OF INSANITY. There are now a number of methods of sentencing;
For MURDER the court must make an indefinite detention in hospital order
For all other offences they can order
1.Indefinite detention in hospital
2.Guardianship
3.Supervision / treatment
4.Or an absolute discharge
There are lots of problems with the law of insanity. The law comes from a case from 1843. This was the M'Naghten case. It established three rules which need to be fulfilled to prove a case for insanity.
- The Defendant was suffering from a defect of reason
- This was caused by a disease of the mind
- The Defendant could not understand the quality/nature of their act, or if they did, then they did not understand that what they were doing was legally wrong.
Disease of the mind
Nature or quality of their act
•Rules established under the case of M’NAGHTEN
•There must be a defect of reason – eg mood swings, suspicious thoughts, OCD-ish symptoms, hallucinations – hearing voices, seeing things… Clarke absentmindedness is not enough
•Caused by a disease of the mind eg schizophrenia, personality disorder, paranoia, depression etc - BUT the courts have ALSO decided this can be any ‘internal factor’ such as:
Byrne psychopathy
Bratty psychomotor epilepsy
Burgess sleepwalker
Hennessey diabetes
Kemp arteriosclerosis (hardening of the arteries)
Sullivan epilepsy
•And as a result… ‘so that D does not know the nature of their act or, if they do know then they do not know that it is wrong’ Windle after killing his wife said ‘I suppose I’ll hang for this’
The defence of insanity is unique in that it may be raised by the prosecution and judge in addition to the defence. There is a special verdict of NOT GUILTY BY REASON OF INSANITY. There are now a number of methods of sentencing;
For MURDER the court must make an indefinite detention in hospital order
For all other offences they can order
1.Indefinite detention in hospital
2.Guardianship
3.Supervision / treatment
4.Or an absolute discharge