PPT-Capacity defences of insanity and intoxication

Intoxication Person has chosen to take alcohol drugs or other substances eg gluesniffing General rule if a person is voluntarily intoxicated and commits a crime there is no defence . from Equality Perspective. Tina Minkowitz, JD. Issues with Insanity Defense. Underpinning of forced psychiatry and legal inferiority. Tension/contradiction with premise of full and equal legal capacity. Automatism. Lesson Objectives. I will be able to explain the meaning of the defence of automatism. I will be able to distinguish between insane and non-insane automatism. I will be able to explain cases that illustrate the defence of automatism. 6 types of criminal defense. Insanity. Intoxication. Ignorance. Age. Entrapment. Justification. Insanity. Defendant’s state of mind negates his/her criminal responsibility.. “Not guilty by reason of insanity.”. Test 2: Passage 2. SOCIAL . SCIENCE:. . This passage is adapted from the chapter “Personality Disorders” in . Introduction to Psychology. , edited by Rita L. Atkinson and Richard C. Atkinson (©1981 by Harcourt Brace Jovanovich, Inc.).. General. It is only the . insanity at the time of the offence . which matters, not insanity afterwards. (insanity afterwards may be relevant when deciding whether D should stand trial. ). Burden and Standard of proof. Intoxication - General. Applies to . alcohol or drugs. Rarely succeeds . as a defence. May succeed if it . negates MR. 2 things to consider:. Was the intoxication . voluntary or involuntary?. Was the crime one of . to Charges. I didn’t do it!. What is a Defense . A defense is a lawful excuse, explanation or circumstance that can be used by an accused person to argue that he or she is not guilty of an offence.. How do you determine if someone is criminally insane?. Insanity defense is the defense that the defendant is not responsible for their actions during an episode of mental illness. (Very Brief) History of The Insanity Defense. “Keep in mind that Mr. . McMurphy. is . committed. . The length of time he spends in this hospital is entirely up to us.” (158). What does it mean to be committed?. What do we already know about the insanity defense? Anything?. Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead, he missed and shot and killed the Prime Minister’s secretary, Edward Drummond.. Intoxication. Person has chosen to take alcohol, . drugs or other substances e.g. glue-sniffing. . General rule - if a person is voluntarily intoxicated and commits a crime there is no defence. . . Intoxication is relevant as to whether or not the defendant has the required mens rea for the offence. . Automatism. Automatism. For automatism to work as a defence, the actions of the defendant must be completely . involuntary.. Bratty -v- Attorney General for Northern Ireland (1963). “an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking”.. Critically evaluate any two general defences (insanity, automatism, intoxication, consent, self-defence/prevention of crime). Suggest what reforms may be desirable to one of the defences that you have evaluated. (25 marks). and . intoxication. Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead. , he missed and shot and killed the Prime Minister’s secretary, Edward Drummond..