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Topic: McNaghten rules

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Criminal law

Mens rea

Affirmative defense

Bethlem Royal Hospital

Richard Dadd

Louis Wain

	Insanity defense
		In practice, a finding of "not guilty by reason of insanity" almost always requires that the defendant have been in a state of active psychosis (at the time the law was broken) and usually such findings involve a diagnosis of paranoid schizophrenia.
		The McNaghten rules (England, 1844) state that a person "...is not guilty of a crime if, at the time of the crime, they either didn't know what they were doing, or didn't know that what they were doing was wrong." This rule was later adopted within the US.
		Substantial capacity is defined as: "the mental capacity needed to understand the wrongfulness of [an] act, or to conform...behavior to the...law." This is related to the McNaghten Rule and the idea of irresistible impulse.
	www.ebroadcast.com.au /lookup/encyclopedia/in/Insanity_defense.html (986 words)

	Doyle v. Wicklow County Council
		Peart, for the respondents, concedes that if the McNaghten rules are applied the Circuit Court judge is bound to find against the respondents; but he invites this Court to consider the extent to which the McNaghten rules apply.
		Since 1843, the McNaghten rules have been recognised in the main as the authoritative statement of the law in England as to criminal responsibility.
		Windle [1952] 2 Q.B. 826 the Court of Criminal Appeal in England held that the rules are not limited to cases in which the accused is suffering from delusions but apply in all cases of insanity, whatever may be the nature of the insanity or disease of the mind from which the accused is suffering.
	www.ucc.ie /law/irlii/cases/4_72.htm (2217 words)

	Kids.Net.Au - Encyclopedia > McNaghten rules (Site not responding. Last check: 2007-10-11)
		Also M'Naghten or Macnaughton Rules are a set of guidelines for an insanity defense formulated by the Judges of the House of Lords in 1843, used in England until the 1960s:
		As they were a precedent of England's court of last resort the rules have been treated in England as if of statutory force, and were followed in many Commonwealth countries and parts of the US.
		Daniel McNaghten was a Scottish woodworker who killed the Prime Minister's Secretary Edward Drummond by mistake for Prime Minister Robert Peel, under an insane belief that the government was plotting against him.
	www.kids.net.au /encyclopedia-wiki/mc/McNaghten_rules (396 words)

	McNaghten rules
		Also M’Naughten or Macnaughton Rules are a set of guidelines for an insanity defense formulated by the Judges of the House of Lords in 1843, used in England and Wales until the 1960s:
		As they were a precedent of England and Wales' court of last resort the rules have been treated in England and Wales as if of statutory force, and were followed in many Commonwealth countries and parts of the US.
		Daniel McNaghten was a Scottish woodworker who killed the Prime Minister's Secretary Edward Drummond by mistake for Prime Minister Robert Peel, under the delusional belief that he was the victim of a conspiracy and that he was being followed by Catholic spies with the aid of the government.
	www.xasa.com /wiki/en/wikipedia/m/mc/mcnaghten_rules.html (458 words)

	Untitled Document
		The U.S. Supreme Court has ruled that a defendant must have "sufficient present ability" to consult with and understand a lawyer and must also have "a rational as well as factual understanding of the proceedings against him." An incompetent defendant may not be tried in a criminal court.
		The most celebrated test, which is still applied (with some modifications) in some states and Canada, is known as the McNaghten Rules (formulated in Great Britain in 1843); its major provision is whether the accused understood that what he or she was doing was wrong.
		The McNaghten test is often supplemented by the so-called irresistible impulse test, which absolves an accused from responsibility if, because of mental illness, the person was not capable of controlling his or her conduct.
	www.angelfire.com /anime2/insanemary/index.htm (627 words)

	[No title]
		The Royal Court then ruled (2001 JLR 146) that (a) the McNaghten Rules did not apply in Jersey and, arguably, were incompatible with the European Convention on Human Rights; and (b) for the purposes of art.
		This was because she contended that the McNaghten Rules were too wide and would allow a person who was not mentally ill to be detained on the basis of his insanity.
		16 Following that ruling, the consultant psychiatrists who had previously examined Jason Prior were asked to re-examine his case and apply the new test as expressed by the Bailiff in relation to the issue of insanity at the date of the offence.
	www.jerseylegalinfo.je /Judgments/JerseyLawReports/display.aspx?Cases/JLR2002/JLR020011.htm (6264 words)

	[No title]
		I interpose that it is also common ground between counsel that the McNaghten Rules are not on their face compatible with Convention rights, and that the 2000 Law, which incorporates the Convention into the domestic law of Jersey, is not yet in force.
		4 The McNaghten Rules were formulated by the English judges at the request of the House of Lords in 1843, in M’Naghten’s Case (2), following an uproar when Daniel McNaghten was acquitted, on the ground of insanity, of murdering the private secretary of the Prime Minister, Sir Robert Peel.
		He contended, however, that the Rules could easily be adapted to that end by interpreting the phrase a “defect of reason, from disease of the mind” so as to mean “mental illness amounting to unsoundness of mind according to objective medical evidence.
	www.jerseylegalinfo.je /Judgments/JerseyLawReports/display.aspx?cases/JLR2001/JLR010146.htm (4185 words)

	House of Lords - Regina v. Antoine (On Appeal From The Court of Appeal Criminal Division)
		At the beginning of the trial the judge was asked to rule on the question of what had to be proved to determine whether a defendant "did the act or made the omission charged" within the meaning of section 2(1) of the Act of 1883.
		After this ruling an application was successfully made to amend the indictment to add a count of affray, contrary to section 3 of the Public Order Act 1986, and the case proceeded to trial.
		Accordingly the judge ruled that there was no evidence of the required intent for either offence alleged in the indictment and he directed the jury to acquit the defendant.
	www.parliament.the-stationery-office.co.uk /pa/ld199900/ldjudgmt/jd000330/ant-2.htm (2574 words)

	McNaghten rules - HighBeam Encyclopedia
		A set of rules, established in English law in Regina v.
		McNaghten (1843) and followed in many jurisdictions throughout the world, according to which legal proof of insanity, and thus lack of criminal responsibility, requires evidence that the accused either did not know what he or she was doing or was incapable of understanding that what he or she was doing was wrong.
		McNaghten (1843) in which the defendant, Daniel McNaghten, shot and killed the private secretary of the British Prime Minister Sir Robert Peel but was found to have been of unsound mind at the time]
	www.encyclopedia.com /doc/1O87-McNaghtenrules.html (312 words)

	Law-Lib: McNaghten Rules - Defence Of Insanity - Jersey States (Site not responding. Last check: 2007-10-11)
		Law-Lib: McNaghten Rules - Defence Of Insanity - Jersey States
		McNaghten Rules - Defence Of Insanity - Jersey States (Channel Islands)
		ruling or opinion by Sir Philip Bailhache, Bailiff of the Jersey States,
	lawlibrary.ucdavis.edu /LAWLIB/feb01/0508.html (201 words)

	Lawlink NSW: 9. Courts of Petty Sessions: Procedure (Site not responding. Last check: 2007-10-11)
		In all but the simplest of cases the magistrate may wish to have advance knowledge of what is in dispute, and what is involved in the hearing, in order that he or she may organise the court calendar on a more realistic basis.
		A magistrate may, for example, impose a fine in excess of the maximum disqualify for a period less than a mandatory period, have regard to an incorrect criminal record, or dispose of a case in the absence of a defendant even though the defendant is waiting outside a wrong court.
		In common with rules made by the Rule Committee of the Supreme Court, rules made by the Committee would be subject to disallowance by either House of Parliament.
	www.cjc.nsw.gov.au /lrc.nsf/pages/IP3CHP9 (7661 words)

	Criminal Law Essays and Dissertations
		To establish a defence of insanity the defendant must prove that he was suffering from a disease of the mind, giving rise to a defect of reason, such that he did not know the nature or quality of his act or that what he was doing was wrong.
		The McNaghten rules cover persons such as epileptics, diabetics etc. who would not normally be liable to committal under the 1983 Act and overlooks others, such as those suffering from insane delusions and those subject to incontrollable impulses.
		Moreover under the draft rules diabetics and epileptics will only be liable to a verdict of mental disorder where their condition is severe enough to render them automatons.
	www.law-essays-uk.com /essaysamples/criminallawessay/mental.htm (2578 words)

	Report of the Committee appointed to consider what changes, if any, are desirable in the existing law, practice and ...
		The Medico-Psychological Association wished to sweep away the McNaghten Rules and substitute other questions for the jury, on the grounds that the modern definition of insanity made the Rules obsolete.
		The committee maintained this was a misreading of the Rules, which did not define insanity generally, but 'the degree of the disease of the mind which negatived criminality.' The B.M.A. wished to retain the Rules, with certain modifications.
		These modifications formed the basis of the Committee's recommendations, the chief of which were 'that a person charged criminally with an offence is irresponsible for his act when the act is committed under an impulse which the prisoner was by mental disease in substance deprived of any power to resist.
	www.bopcris.ac.uk /bopall/ref8747.html (215 words)

	Ought We to Sentence People to Psychiatric Treatment?
		Daniel McNaghten, suffering from the paranoid delusion that the Prime Minister, Sir Robert Peel, was part of the plot to persecute and to destroy him, shot at and killed Peel’s secretary believing him to be Peel.
		McNaghten has been thought to meet this requirement.
		It is far from clear, however, whether it is true of a person such as McNaghten, that he could not help doing what he did.
	www.priory.com /psych/rights.htm (2366 words)

	Regina v. Antoine (On Appeal From The Court of Appeal Criminal Division)
		Before the hearing under section 4A(2) was commenced by a different jury counsel for the appellant requested the judge to give a ruling on the question whether the defendant was entitled to raise the issue of, and seek to prove, diminished responsibility in respect of the count of murder.
		On that issue the judge ruled against the appellant and held that on the wording of section 2 of the Act of 1957 diminished responsibility could not be raised on the hearing under section 4A(2).
		Secondly, it is complained that consonant with that ruling, the judge in the course of his summing up confined himself to dealing with the evidence which went in proof objectively of what the Crown contended the appellant's intentions must have been.
	bar.austlii.edu.au /~andrew/bailii/UKHL/Data/194.html (5437 words)

	[No title]
		Persistent criticism of the rule has led to recent suggestions that it be modified to reflect current insights and terminology of modern psychiatry.[8] However, all recent suggestions have maintained the dichotomy between physical and mental diseases, disorders, and defects.
		The medical testimony was in conflict as to whether the condition should be labelled "physical" or "mental." The court held that regardless of the medical testimony concerning the explanation or labelling of the defendant's condition, the description of the condition established that "the accused suffers from...
		The M'Naghten Rule singles out only one factor as a test of responsibility: cognition--the ability of the defendant "to know" what the defendant was doing or "to know" the wrongfulness of the conduct.
	www.capitol.hawaii.gov /hrs2000/Vol14_Ch701-853/hrs701-713_Penal/PENAL_704-400_-_ANNO.htm (4486 words)

	A PHILOSOPHICAL INVESTIGATION by Philip Kerr
		Feminists such as Andrea Dworkin and Susan Faludi, and their popularisers in the gutter press such as Julie Burchill, argue that women are always victim and men only victimisers, an argument that Germaine Greer condones in recent journalism.
		Perhaps this world is just as ruled by the hidden Thought Police as by the police force which employs Chief Inspector Jakowicz.
		Killers come from "those males whose brains lack a Ventro Medial Nucleus (VMN) which acts as an inhibitor to the Sexually Dimorphic Nucleus (SDN), a preoptic area of the male human brain which is the repositary of male aggressive response".
	dspace.dial.pipex.com /l.j.hurst/phinvest.htm (636 words)

	MinnLawyer.com
		We decline to use the interests of justice as a basis to consider defendant?s constitutional challenge to the M?Naghten rule given the absence of a well-developed record that is relevant to the particular issue the defendant raises for the first time on appeal.
		McLaughlin?s first claim on appeal is that the M?Naghten rule violates the Due Process Clause of the Minnesota Constitution as applied to adolescent defendants.
		Touche Ross & Co., 335 N.W.2d 720, 725 (Minn. 1983) (?[R]ulings on * * * the cumulative nature of the evidence are committed to the sound discretion of the trial judge and will only be the basis for reversal where that discretion has been clearly abused.?).
	www.minnlawyer.com /decisions.cfm?ID=3542 (6267 words)

	Spratt
		He was born in 1836; so he must have been the youngest member of a laws committee in the history of the game.
		Spratt has still in his possession her letter in which she had drawn up the rules as observed by the peasantry of that country, and will show it to any one who is curious upon the subject...
		Spratt's rules, as far as we can tell, are typical of rules published in England in the late 1850s.
	users.bigpond.net.au /mhooper/spratt.html (1225 words)

	Neville Heath
		The Prosecution case was led by Mr Hawke and Heath was defended by Mr J.D. Casswell.
		Heath did not take the witness box, as his counsel thought that his detached manner would not lend itself to his attempts to show that Heath was insane under the McNaghten Rules, and so must be found guilty but insane.
		However, two prison doctors testified that Heath was a sadist, a sexual pervert and a psychopath.
	www.stephen-stratford.co.uk /neville_heath.htm (518 words)

	Postgrad dissertation - Chapter 1
		This means simply that the man is not insane within the McNaghten Rules, that he does not suffer from diminished responsibility (following s.2 of the Homicide Act, 1957), and that he is over the age of criminal responsibility, which is ten (Smith and Hogan, 1992).
		The final clause in Coke concerns the year and a day rule, whereby if the victim dies within a year and a day, the defendant is charged with murder.
		This rule was abolished by the Law Reform (Year and a Day Rule) Act 1996 (Law Reform (Year and a Day Rule) Act 1996, 1996019.htm).
	web.ukonline.co.uk /ruth.buddell/chapter1.htm (3469 words)

	Mens rea - Article from FactBug.org - the fast Wikipedia mirror site
		Even if the defendant believed the girl to be over the age of consent, he is still guilty of statutory rape.
		As with all statements of the law, there are some jurisdictions that modify or ignore this rule.
		In most jurisdictions you are strictly liable for the age of the girl, even if she lied about it.
	www.factbug.org /cgi-bin/a.cgi?a=51634 (802 words)

	ANZAPT - FORENSIC EXAM QUESTIONS
		Mention might be made of malingering as a possible scenario and the role of accomplices both as companions and as manipulators should be considered.
		There was a recognition of the importance of forensic matters such as McNaughton rules, diminished responsibility and fitness to plead, but also an appraisal of the manner in which these legal principles would be applied to the case in point.
		Less obvious issues such as the possible relationship between attendants at the service station and the patient were considered and the possibility of malingering with manipulation of the history of illness being raised.
	www.anzapt.org /content/view/192 (2634 words)

	Legal Lines: 'Determining Competency'
		In 1843, the McNaghten case[3] was decided in England and established the doctrine that a person is not criminally responsible for his actions when a mental disability prevented him from knowing either the nature and quality of the act or whether the action was right or wrong.
		In the modern era, the McNaghten rules, as they have come to be known, have been adopted by the Federal courts and most state courts.
		The insane defendant is not presenting a defense to the crime charged; rather, he is not answering at all.
	www.emsvillage.com /articles/article.cfm?id=776 (1350 words)

	List of people by '54 name
		What Justice Adams had actually summarized were the McNaghten rules defining legal sanity.
		In fact, Gresson had few options once a decision to plead not guilty by reason of insanity had been made, because the legal burden of proof falls on the defense in that case, not the prosecution, under NZ law.
		In effect, Gresson had to prove PYP and JMH were legally insane under the very restrictive definition of the McNaghten rules.
	members.tripod.com /hc_faq/7.1.htm (3521 words)

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