insanity

Question 1

what case established the legal rules for insanity?

Answer 1

M’Naghten Rules 1843

Question 2

what are the M’Naghten Rules?

Answer 2

a defendant is legally insane, if at the time of the act, they were suffering from a defect of reason caused by the disease of the mind, meaning either:
- did not know the nature or quality of their act or
- did not know what they were doing was wrong

Question 3

what does “defect of reason” mean?

Answer 3

the defendants ability to reason must be impaired, not just absent minded or confused

Question 4

what case explains defect of reason?

Answer 4

RV Clarke 1972 - forgetting something due to absent mindedness is not insanity

Question 5

what does “disease of the mind” mean?

Answer 5

any internal condition affecting mental functioning

Question 6

which case ruled that epilepsy counts as a disease of the mind?

Answer 6

RV Sullivan 1984

Question 7

what does “nature and quality of the act” mean?

Answer 7

that the defendant does not understand what they are physically doing

Question 8

what must the defendant not know for this rule?

Answer 8

they must not know that the act was legally wrong, not just morally
RV Windle 1952 - defines the meaning of wrong means legally wrong not just morally wrong

Question 9

who must prove insanity?

Answer 9

the burden of proof relies on the defendant

Question 10

what is the standard of proof for insanity?

Answer 10

balance of probabilities (more likely than not)

Question 11

what is the verdict if insanity is successful?

Answer 11

(special verdict) not guilty by reason of insanity

Question 12

what orders can the court make after this verdict?

Answer 12

under the criminal procedure (insanity) act 1964:
-hopital order
- supervision order
- absolute discharge

Question 13

why is the insanity law criticised as outdated?

Answer 13

it comes from 1843 and uses old terminology like “disease of the mind”

Question 14

why is the term “disease of the mind” problematic?

Answer 14

it includes conditions not considered mental illnesses medically e.g. epilepsy (RV Sullivan 1984

Question 15

why mind defendants avoid pleading insanity?

Answer 15

the label “insanity” carries stigma and may lead to hospital orders

Question 16

what law reform body criticised the law of insanity?

Answer 16

the law commission - they argue it is outdated and confusing

Question 17

strengths of insanity defence

Answer 17

• clear legal test - m’naghten rules provide a clear structure for a test
• provides a way to divert offenders into treatment - courts can offer hospital orders (under the criminal procedure (insanity) act 1964) rather than punishment
• protects people who are not morally blameworthy - understands that someone with a mental disorder may not understand their actions

Question 18

criticisms of the insanity defence

Answer 18

• the law is outdated - the rules come from 1843 - meaning the definition of insanity comes from 19th century medical knowledge, which is now not accurate- rv sullivan 1984 - epilepsy is considered a mental condition
• labelling problem - defendants may avoid the defence of insanity due to the fact they are concerned of being labelled insane
• it can lead to inappropriate outcomes - if found not guilty by reason of insanity can result in indefinite hospitalisation - can discourage people from using the defence because they may prefer a short prison sentence