Legal insanity.
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The definition of insanity comes from the M'Naghten Rules [1843]. To prove legal insanity it is necessary to show that, 'the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not to know he was doing what was wrong.' Insanity is a general defence and if the defence is successful it will lead to a special verdict of 'not guilty by reason of insanity'. A main issue of concern is that it relies on the M'Naghten rules which followed the case in 1843. The language is therefore archaic, leading the judges to their own interpretation of the rules. Many defendants are concerned when the issue of insanity is raised, so they plead guilty, then appeal on the grounds that insanity should not...


