To this day, the definition of insanity comes from the M'Naghten Rules [1843]. To
prove legal insanity it is necessary to show that, 'the accused was
labouring under such a defect of reason, from disease of the mind, as
not to know the nature and quality of the act he was doing, or, if he
did know it, that he did not to know he was doing what was wrong.'
Insanity is a general defence and if the defence is successful it will
lead to a special verdict of 'not guilty by reason of insanity'.
A main issue of concern is that it relies on the M'Naghten rules which
followed the case in 1843. The language is therefore archaic, leading
the judges to their own interpretation of the rules.
Many defendants are concerned when the issue of insanity is raised, so
they plead guilty, then appeal on the grounds that insanity should not
have been raised. This is a large criticism of the defence as it leads
to injustice. It is unlikely to change in the near future as insanity
is viewed as a valid defence.
If the defendant faces a murder charge, the court must issue a
hospital order. The defendant will be punished even when they are not
guilty. This is unlikely to change for a number of reasons. Firstly
changing existing legislation is a lengthy procedure. Secondly, this
order is issued to protect the public and it is for policy reasons.
Insanity is not a medical definition but a legal definition, the
committees believe it should be changed to mental disorder. This will
allow mental illness, arrested or incomplete development of mind and
psychopathic disorders.
The M'Naghten rules are criticised by Morris, an academic as a
"woolly, semantically confused...nonsense." There is no need to clarify
this defence as it may or may not allow a defendant who should not be
acquitted to walk free.
There is an over reliance on the external factor, which leads to
abnormalities and therefore injustice. Epileptics, sleepwalkers are
legally (not medically) insane which allows them to use this defence.
Also, there is some doubt as to why a hyperglycaemic that kills will
receive a hospital order and a hypoglycaemic killer can use the
complete defence of automatism.
The fact that the defendant knew his actions were wrong is narrow and
inappropriate. If the defendant knew the rules of the defence he may
claim he did not know what he was doing was wrong. There is no
irresistible impulse plea also.
The problems of insanity are reinforced by the fact that only a
handful use the defence because of the stigma attached to it, many
would find it daunting to be found 'insane'. The Criminal Procedure
(Insanity and Unfitness to Plead) Act 1991, has tried to give courts
various sentencing options. Those who use this defence for murder will
be detained indefinitely in a hospital.
There is a criticism with the issuing of mental hospital orders, that
defendants may actually become worse, due to the taking of medical
drugs and being surrounded by other mentally ill patients. This will
defeat the object of sending defendants to such places to rehabilitate
them.
Dunya News - India: Army major's grandson kills... by dunyanews
Article Source: http://EzineArticles.com/464814
prove legal insanity it is necessary to show that, 'the accused was
labouring under such a defect of reason, from disease of the mind, as
not to know the nature and quality of the act he was doing, or, if he
did know it, that he did not to know he was doing what was wrong.'
Insanity is a general defence and if the defence is successful it will
lead to a special verdict of 'not guilty by reason of insanity'.
A main issue of concern is that it relies on the M'Naghten rules which
followed the case in 1843. The language is therefore archaic, leading
the judges to their own interpretation of the rules.
Many defendants are concerned when the issue of insanity is raised, so
they plead guilty, then appeal on the grounds that insanity should not
have been raised. This is a large criticism of the defence as it leads
to injustice. It is unlikely to change in the near future as insanity
is viewed as a valid defence.
If the defendant faces a murder charge, the court must issue a
hospital order. The defendant will be punished even when they are not
guilty. This is unlikely to change for a number of reasons. Firstly
changing existing legislation is a lengthy procedure. Secondly, this
order is issued to protect the public and it is for policy reasons.
Insanity is not a medical definition but a legal definition, the
committees believe it should be changed to mental disorder. This will
allow mental illness, arrested or incomplete development of mind and
psychopathic disorders.
The M'Naghten rules are criticised by Morris, an academic as a
"woolly, semantically confused...nonsense." There is no need to clarify
this defence as it may or may not allow a defendant who should not be
acquitted to walk free.
There is an over reliance on the external factor, which leads to
abnormalities and therefore injustice. Epileptics, sleepwalkers are
legally (not medically) insane which allows them to use this defence.
Also, there is some doubt as to why a hyperglycaemic that kills will
receive a hospital order and a hypoglycaemic killer can use the
complete defence of automatism.
The fact that the defendant knew his actions were wrong is narrow and
inappropriate. If the defendant knew the rules of the defence he may
claim he did not know what he was doing was wrong. There is no
irresistible impulse plea also.
The problems of insanity are reinforced by the fact that only a
handful use the defence because of the stigma attached to it, many
would find it daunting to be found 'insane'. The Criminal Procedure
(Insanity and Unfitness to Plead) Act 1991, has tried to give courts
various sentencing options. Those who use this defence for murder will
be detained indefinitely in a hospital.
There is a criticism with the issuing of mental hospital orders, that
defendants may actually become worse, due to the taking of medical
drugs and being surrounded by other mentally ill patients. This will
defeat the object of sending defendants to such places to rehabilitate
them.
Dunya News - India: Army major's grandson kills... by dunyanews
Article Source: http://EzineArticles.com/464814
