Mapa mental
Insanity Defence
Contenido del mapa
Insanity Defence
Elements of Insanity (M'Naghten)
- iii.) Did not know nature/quality of act
- D did not know what he was doing
- Windle: D knew quality of act- getting hanged for this
- i.) Defect of Reason
- Definition: Inability to use powers of reason.
- Must be more than confusion
- Clarke: D did not choose to use defence, temporary absent-minded isn't insanity
- Definition: Inability to use powers of reason.
- ii.)Disease of the Mind
- Disease caused malfunctioning of mind.
- Kemp: Arteriosclerosis caused lapses of consciousness= Insanity
- Bratty: Psychomotor epileptic seizure= Insanity
- Sullivan: Minor epileptic fit= Insanity + Internal Factor
- Burgess: Sleepwalking can be Insanity
- iii.) Did not know nature/quality of act
Definition: The D must prove that he was insane at time of offence.
- Stated by Judge as "not guilty by reason of insanity"
- 1991 Criminal Procedure Act- Judge must send D to:
- Mental Hospital
- Guardianship Order
- Supervision order
- Absolute Discharge
Información
- Descripción
- A LEVEL Law Mapa Mental sobre Insanity Defence, creado por Richie.Joseph el 09/10/2014.
- Creado por
- Richie.Joseph
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