O GoConqr está de visual novo! Conte para nós o que você achou.

Mapa mental

Insanity Evaluation

krish_14 G153 Inglês

Conteúdo do mapa

Insanity Evaluation

  1. M'Naghten Rules

    • Set in 1843 when knowledge of mental disorders was very limited
      • More modern definition should be used
        • Parliament has only reformed the options available to Js with those found not guilty by reason of insanity
          • This has resolved the injustices of epileptics and diabetics having to be sent to a mental hospital
            • Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 allows Js impose supervision orders and absolute discharges, or hospital order
  2. Legal Definition of Insanity

    • Legal one rather than medical
    • Certain mental disorders don't come within the definition
      • E.g. those suffering from irresistible impulses and are psycopaths
        • Byrne (1960)
        • Know what they are doing and that it is wrong but can't prevent themselves doing it due to a recognised mental disorder
    • Those suffering from physical illnesses (see e.g.s) are considered legally insane
      • Diabetes (Hennessy)
      • Brain tumours or hardening of the arteries (Kemp)
      • Sleep-walker (Burgess)
      • Argue the cause is internal so the behaviour may recur and it may be possible to treat
  3. Overlap with automatism

    • Necessary to decide if the automatic state is caused by internal or external factors
      • Anything which impacts the mind or puts D into an automatic state amounts to insanity
        • This means that defence of no-insane automatism has been removed from epileptics and diabetics
          • Those who plead automatism successfully are entitled to a complete acquittal
            • But, still the risk they will commit further offences. The extension of insanity means that these people can be supervised
  4. Decision in Windle (1952)

    • D who doesn't know his act is morally wrong but knows it is legally wrong cannot use this defence
    • An Australian case refused to follow this decision
      • Johnson (2007) CA pointed out the merit of the Australian case but were obliged to follow Windle
  5. Social Stigma

    • Associated with the word insanity. Inappropriate to apply it ti those suffering epilepsy or diabetes
  6. Proof of Insanity

    • Burden of proof on D
      • Breach of A6 ECHR?
  7. Role of the Jury

    • Possibly inconsistent
    • Juries are mainly made up of people with no medical knowledge and they have to decide on the sanity of D at the material time
      • Medical evidence may be confusing
    • Possibility that the jurors may disregard all medical evidence because they are revolted by D's offences
      • E.g. Peter Sutcliffe (Yorkshire Ripper) 1981
  8. Overlap with DR

    • DR available since 1957 and covers a wider range of mental illnesses (note: only for murder)
      • '90s - ~ 50 DR a year plead successfully to murder and ~ 5 relied on insanity per year
        • Shows DR as a better option to plead when it comes to murder
          • Doesn't carry the social stigma of being declared insane
  9. Reform proposals

    • 1953 Royal Commission on Capital Punishment
      • Proposed extending M'Naghten Rules so D would be considered insane if he 'was incapable of preventing himself' committing the offence
        • Parliament instead introduced DR which is only for murder but J largely has discretion in sentencing for all other offences
    • 1975 Butler Committee proposed verdict of not guilty on evidence of mental disorder
    • 1989 LC's Draft Criminal Code proposed D shouldn't be guilty on evidence of severe mental disorder or severe mental handicap
    • 1991 CPA changed the way Js can deal with Ds when the jury returns a special verdict
      • However, no other reform has been implemented

Informações

Descrição
G153 Mapa Mental sobre Insanity Evaluation, criado por krish_14 em 30-01-2014.
Criado por
krish_14
Visualizações
18
Avaliação

Fale Conosco

Sobre o que é sua mensagem?

O que você acha do novo visual?

Você gostou?