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17 Cards in this Set
- Front
- Back
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For the purposes of insanity, what is every person presumed?
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sane
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What is the first thing that must be proved for Insanity?
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Defect of reason
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What is the second thing that must be proved for insanity?
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a disease of the mind
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what is the last thing that must be proved for insanity?
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that the D does not know the nature or quality of act or the Defendant does know the nature or quality but doesn't realise he is doing wrong.
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What offences can insanity be used for?
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any offence but most likely for murder and non-fatals
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what case has the defence of insanity developed from?
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M'Naughten
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what is the defect of reason?
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where the D is incappable of excercising ordinary powers of reasoning
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What happened in Clarke?
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D put groceries in her bag claiming she was absent minded at the time because of depression
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What was held in Clarke?
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a defect of reason requires an inability to excercise reason rather than failure to do so
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What was held in Kemp?
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the courts are not concerned with the brain but with the mind
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What was held in Sullivan?
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the nature of the disease was irrelevant although it must affect the mental facilities - epilepsy is a disease of the mind which has resulted in a defect of reason
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What is a disease of the mind?
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a defect caused by an internal factor
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Name 4 diseases which the courts have found to be allowed for the defence of insanity?
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Epilepsy, sleep walking, artierosclerosis, diabetes (latter depends on facts of the case)
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Which case illustrates diabetes as an iternal cause?
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Hennessey because D had failed to take insulin
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Which case illustrates diabetes as an external cause?
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Quick as D had taken insulin but not eaten therefore insulin caused defect - automatism was found
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What happened in Windle?
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the D killed his wife but was proved clinically insane, however upon arrest he made reference to the possibility the he would hang as a result. because he realised his actions were contrary to law is obviously realised that what he did was wrong
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What are the four possible orders available if guilty by reason of insanity is found?
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1. a hospital order in a secure mental health institution
2. Guardianship 3. supervision or treatment order 4. absolute discharge |
