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Evaluate the effectiveness of insanity as a defence.
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| Submitted: Mon Apr 05 2004
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A2 Law - Insanity Evaluate the effectiveness of insanity as a defence. (2000 specimen exam) The rules of insanity are based on the M'Naughten Rules 1843. M'Naughten tried to kill the then Prime Minister but instead, he shot and killed the Prime Minister's secretary. He was found not guilty on the grounds that he was insane. The House of Lords (HoL) then stated the law in respect to insanity. This defence has to be established on a balance of probabilities and where the defendant is found to be insane the verdict is 'not guilty by reason of insanity'. First, the defendant must prove that he was suffering from a defect of reason. This means that the defendant had a complete loss of power of reasoning, not mere confusion or absent-mindedness. In Clarke (1972) the defendant (D) was charged with the theft of some items which she had transferred from a wire basket to...
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