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Critically examine and discuss the criminal law defence of insanity in relation criminal law

Title: Critically examine and discuss the criminal law defence of insanity in relation criminal law
Category: History / North American History
Details: Words: 1216 | Pages: 5.2 (approximately 235 words/page)

Critically examine and discuss the criminal law defence of insanity in relation criminal law

In criminal law, insanity is a defence that arises from a claim that the perpetrator was acting under the influence of an `internal' derrangement of the mind. An `external' derrangement may constitute automatism .Lawton LJ in R v Quick stated that "...this quagmire of law seldom entered nowadays save by those in desperate need of some kind of defence". Further in Woolmington v. DPP it was led the prosecution must prove beyond a reasonable doubt …showed first 75 words of 1216 total…

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…showed last 75 words of 1216 total…contends that the defence of insanity asserts lack of mens rea, then clearly strict liability offences will be outside its scope. However, the limb of the M'Naghten Rules that allows the defence if the accused `did not know he was doing wrong' clearly does not rely to this problem. on absence of mens rea. There would thus appear to be no clear definitive answer to this area of law therefore leaving major area for argument.

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