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Questions and Answers
What does the M'Naghten Rule evaluate in determining insanity?
What does the M'Naghten Rule evaluate in determining insanity?
Which type of insanity focuses on a defendant's ability to control their actions?
Which type of insanity focuses on a defendant's ability to control their actions?
What is a common misconception about the insanity defense in public perception?
What is a common misconception about the insanity defense in public perception?
In the context of legal insanity, how is temporary insanity characterized?
In the context of legal insanity, how is temporary insanity characterized?
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What was a significant outcome from the case of M'Naghten?
What was a significant outcome from the case of M'Naghten?
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Which of the following best describes the Irresistible Impulse Test?
Which of the following best describes the Irresistible Impulse Test?
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How does the legal system typically evaluate claims of insanity in serious criminal cases?
How does the legal system typically evaluate claims of insanity in serious criminal cases?
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What is required beyond a medical diagnosis to prove legal insanity?
What is required beyond a medical diagnosis to prove legal insanity?
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What are the two basic criteria for intoxication to potentially serve as a defense under Article 34?
What are the two basic criteria for intoxication to potentially serve as a defense under Article 34?
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According to M'Naghten rules, what is required to establish that a defendant is considered insane?
According to M'Naghten rules, what is required to establish that a defendant is considered insane?
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What impact does a finding of insanity have on a defendant's legal responsibility?
What impact does a finding of insanity have on a defendant's legal responsibility?
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What is a common misconception regarding expert testimony in insanity cases?
What is a common misconception regarding expert testimony in insanity cases?
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What effect did the R Versus M'Naghten case have on legal standards for the insanity defense?
What effect did the R Versus M'Naghten case have on legal standards for the insanity defense?
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How is proving intoxication generally established in court?
How is proving intoxication generally established in court?
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What was a significant public reaction to M'Naghten's acquittal on the grounds of insanity?
What was a significant public reaction to M'Naghten's acquittal on the grounds of insanity?
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What distinguishes temporary insanity from permanent insanity in legal terms?
What distinguishes temporary insanity from permanent insanity in legal terms?
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Which statement best describes the distinction between temporary and permanent insanity?
Which statement best describes the distinction between temporary and permanent insanity?
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What historical case established the M'Naghten Rule?
What historical case established the M'Naghten Rule?
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Which of the following was a key contributor to the legal confusion surrounding insanity in pre-1840s UK?
Which of the following was a key contributor to the legal confusion surrounding insanity in pre-1840s UK?
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In the context of insanity defenses, what is often a public misconception?
In the context of insanity defenses, what is often a public misconception?
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What was the public's primary concern regarding the insanity defense after the M'Naghten trial?
What was the public's primary concern regarding the insanity defense after the M'Naghten trial?
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In what way did the M'Naghten case influence future insanity defenses?
In what way did the M'Naghten case influence future insanity defenses?
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Who was Daniel M'Naghten attempting to assassinate during the incident that led to his trial?
Who was Daniel M'Naghten attempting to assassinate during the incident that led to his trial?
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What role did medical experts play in the M'Naghten trial?
What role did medical experts play in the M'Naghten trial?
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Study Notes
Insanity Defence
- Every person is exempt from criminal responsibility if insane at the time of the act.
- Maltese law doesn't define insanity, relying on foreign sources.
- Pre-1840s UK insanity defence was inconsistently applied, lacking a clear legal standard.
- The M'Naghten Rules (1843) established stricter criteria for insanity pleas.
M'Naghten Rules
- Presumption of sanity.
- Insanity defence requires clear evidence of a defect of reason from a disease of the mind at the time of the act, where the person did not understand the nature and quality of their actions or that what they did was wrong.
- The test is not abstract right and wrong, but whether the accused understood the act in question to be wrong given the circumstances.
- Insane delusions of surrounding facts do not absolve responsibility.
Temporary Insanity
- Temporary insanity, resulting from emotional states or circumstances, is not recognized under the M'Naghten Rules.
Two Forms of Insanity
- Cognitive Insanity: Focuses on the defendant's ability to distinguish right from wrong at the time.
- Volitional Insanity: Concerns the defendant's ability to control their actions, assessed through the Irresistible Impulse Test.
Proving Insanity
- Establishing legal insanity requires more than a medical diagnosis.
- Expert testimony doesn't ensure acceptance by the court/jury.
- If deemed insane, the defendant is acquitted but usually committed to a mental health facility.
Intoxication
- Self-intoxication is not a valid defence.
- Intoxication is a defence only if:
- Caused by the malicious or negligent act of a third party,
- Without the defendant's knowledge,
- Directly impairs the defendant's capacity to understand or act.
- Proving intoxication requires evidence showing the influence of alcohol or drugs.
Specific/General Intent
- General intent applies to crimes where the prosecution only needs to show intention to perform the act.
- Specific intent crimes require the prosecution to prove the defendant had a particular purpose or goal.
- Intoxication can be a factor when considering specific intent crimes.
Children and Criminal Responsibility
- Under 14: automatically exempt from criminal responsibility (doli incapax).
- 14-16: exempt from criminal responsibility unless they acted with "mischievous discretion" (iuris tantum).
- This means the presumption is rebuttable.
- Critically, the standard of intent differs for children when compared to adults. Doli incapax describes a fundamental difference in the intent requirements when considering criminal responsibility.
Self-Defence
- Self-defence requires a genuine threat and proportional reaction justified by necessity.
- Use of force must be proportionate to the perceived threat of harm.
- Cases involving self-defence have specific thresholds and criteria.
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Description
Explore the concept of insanity as a defence in criminal law, focusing on its historical context, particularly the M'Naghten Rules established in 1843. Delve into the criteria for qualifying as insane at the time of the act and the distinction between temporary and permanent insanity. Understand the legal implications and standards that govern this complex area of law.
