Three Key Components Of Existing Law

Existing Law

I. The M’Naghten

The existing law regarding the insanity plea follows what are known as the ‘M’Naghten Rules’. These rules, which were created in 1843, these rules are a test to ascertain whether or not the offender is insane. This test comprises three key components and are as follows;

1) Is the person suffering from a “disease of the mind”? (An impairment of mental functioning caused by a medical condition). The disease is internalised to the person, e.g. schizophrenia.

2) Has their “disease of the mind” caused a “defect of reason”? The individual’s ability to reason on the whole must be affected, not just at the time of the act or omission.

3) As a result of the “disease of the mind” and “defect of reason” the defendant therefore

The plea therefore cannot be regarded and used as a sort of “get out of jail free” card.

As the rules have become less unprofane and definite, both judges and jurors have applied common sense and their own discretion to them. (Morris, 1961) This therefore means that although the law is not always rigorously followed, those individuals who should not be held fully responsible for their crime can be better served through the use of treatment orders and not that of a custodial sentence. The rules make it easier to ensure that the failure of a bad plea is that they have the capacity to exclude cases where there is a tenuous claim of insanity.

III. Limitations to the existing

As the rule can include both diabetics and sleepwalkers whom do not have a mental illness but have been known to commit crime without the knowledge of what they were doing, causing some individuals to be incorrectly labelled which is both offensive and stigmatising. Also, many defendants may be deterred from using the Insanity Defence as it can result in hospital orders, supervision order or guardianship order, which may last longer and be more severe than serving a prison sentence. (Ashworth, 2009)

Also, the M’Naghten rules do not take into account those with uncontrollable impulses (such as pyromania) to commit an act, nor do they observe individuals with learning disabilities whom research suggest are deficient in moral reasoning which inhibits their ability to determine right from wrong. (Raine, 1993)

To be excused by the M’Naghten Rules there must be a severe mental illness present; this in turn also excludes those who display minor ailments however they may still fall into the category of being mentally ill according to a psychiatric definition.

As the rules were created by judiciary powers rather than medical professionals, (Haralambous, 2010) The M’Naghten Rules therefore cannot reflect the true definition of insanity which is recognised within