法律英语词汇“insanity”的翻译、意思、用法、释义-法律词典

单词

insanity

释义

insanity

insanity in the criminal law of England and Scotland, a plea in rela- tion to the mental state of the accused. It may be pled as a DEFENCE in its own right or submitted as a plea of INSANITY IN BAR OF TRIAL.

In English law, every person is presumed sane unless the contrary is proved. The burden of proving insanity rests with the accused (Woolmington v. DPP [1935] AC 462).

When insanity is pled as a defence, the criteria for determining whether or not the plea should be successful are the McNaghten rules (Re McNaghten (1843) 10 C&F, 200 8 Eng. Rep. 718). To establish such a defence the accused must show that at the time of committing the offence he was suffering from such a disease of the mind or defect of reason that he did not know the nature and quality of the act he was doing; or if he did know it that he did not know he was doing what was wrong. If the accused was aware that what he was doing was something he ought not to do and the act committed was at the time an offence, he is punishable. If the defence succeeds, the accused must be declared not guilty by reason of insanity.

In Scotland, as a defence, the state of mind must have been in exis- tence at the time of the act in question. If sane at the time of the trial

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insolvency

and the defence is established, then the accused will not be convict- ed but will be detained in the state hospital without limit of time. The accused must prove his insanity on BALANCE OF PROBABILITIES. The test is the overpowering of reason by a mental defect, leaving the person unable to control his own conduct. The McNaghten rules do not apply in Scotland: HMA v. Brennan 1977 JC 38. Scots law recog- nises an intermediate state between sanity and insanity, mitigating the crime of murder or attempted murder but not exculpating: the plea is called DIMINISHED RESPONSIBILITY. If successful, it results in a conviction for CULPABLE HOMICIDE (in England manslaughter – see HOMICIDE) for which there is no mandatory sentence such as life imprisonment or, as was formerly the case, death by hanging. Non- insane AUTOMATISM is recognised in Scots law as an exculpating fac- tor: see Sorley v. HMA 1992 SLT 867.

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