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Most people would agree that someone suffering from insanity, who is completely unaware of his actions, should not be branded as a criminal.
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Law Essay Most people would agree that someone suffering from insanity, who is completely unaware of his actions, should not be branded as a criminal. On the other hand members of the public need reassurance that they will be protected from his violent acts. The criminal law therefore has to strike a balance between these two principles. The first point to note is that, if possible such an offender should face trial. If it is then proved that he committed an unlawful act, he will not be found guilty; instead a special verdict will be recorded of 'not guilty by reason of insanity'. The public will normally be protected because the court has the power to deal with the defendant. An accused may have committed a crime when actually insane. This issue is covered by the M'Naghten Rules, which although they deal with what they describe as insanity, it is insanity in the...
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