The M’Naghten Rules and the test suggested therein came to be known as the “Right – Wrong” test.
Prior to this, a person who committed a crime and pleaded insanity was said to be possessed by evil sprits or
“wild beasts”. Confusion rules the roost when one attempts to analyse what exactly insanity is.
What are its borders? When can a person be called insane? What degree of loss of sanity is required, what is
the threshold between sanity and insanity are all questions that clamour for a clear answer which has been
evasive for a few centuries now and this evasiveness, the lack of answers to these pivotal questions, for a judge
or a jury, nay for the psychiatrist himself will remain.
A jury or a judge is called upon to declare guilt or pronounce innocence. A psychiatrist has a thankless job in
this context, which is certainly not going to cause any inconvenience to the judge or jury – it is by what the
psychiatrist says and how of it is comprehended in the correct sense by the jury and the judges – upon which the
fate of the accused hangs. He has to, through the evidence of the expert, the psychiatrist, prove that he was
insane or of unsound mind when the act in question was committed. An attempt is made here to understand the
medical and the legal aspects of the insanity defence.
This document provides information on forensic psychiatry and aspects related to determining criminal responsibility for mentally ill individuals. It discusses key topics such as:
- Forensic psychiatry deals with applying psychiatric knowledge to legal and justice systems.
- Various mental states and disorders are described, including hallucinations, delusions, and impulse control issues.
- Laws and tests for insanity are outlined, including McNaugthen's Rule which established the insanity defense.
- Civil responsibilities and ability to enter contracts are impacted by mental illness. Criminal responsibility depends on understanding the nature and wrongfulness of one's actions.
The document discusses insanity as a defense in criminal law. It provides definitions and explanations of insanity from legal and medical perspectives. The key points are:
1) Insanity in criminal law refers to a mental disorder that impairs reasoning such that the person did not understand the nature of their act or that it was wrong. Medically, insanity refers more broadly to any mental abnormality.
2) English law on insanity is based on the M'Naghten Rules, which provide a cognitive test focusing on whether the person knew the nature and quality of their act and that it was wrong.
3) To claim the insanity defense, the law requires proof of a disease of the
This memorandum summarizes the probable cause, reasonable suspicion, and reasonableness standards under the Fourth Amendment. It explains that probable cause exists if facts would lead a reasonable person to believe a crime occurred or evidence will be found. Reasonable suspicion is a lower standard than probable cause, requiring articulable facts that criminal activity may be occurring. Reasonableness considers the government interest advanced by a search against the individual privacy intrusion. The standards are fluid and depend on the totality of circumstances in each case.
Forensic medicine deals with applying medical knowledge to legal problems and aiding the administration of justice. It is used by legal authorities to help solve legal issues involving injuries, deaths, accidents, and other medically-relevant legal matters. The primary tool of forensic medicine is autopsy, which can be used to determine cause of death and provide other evidence for legal cases. Forensic medicine involves collecting and analyzing medical evidence to produce objective information for use in the legal system.
The document discusses several issues and defences related to criminal law, including insanity and automatism defences. It notes that the burden of proof differs depending on whether the defence or prosecution raises insanity, which may confuse juries. The definition of insanity has also been criticized as outdated and irrelevant. The effectiveness of the verdict of not guilty by reason of insanity is also questioned. Reforms to modernize rules around fitness to plead and legal insanity are needed to make the law consistent with modern psychiatric understanding.
This document discusses the M'Naghten Rules for the insanity defense in criminal cases in the UK. It summarizes the key elements of the insanity defense, including that the defendant must have had a defect of reason from disease of the mind that caused them to not know the nature and quality of their act or know it was wrong. It discusses several cases that further clarified aspects of the insanity defense. It also notes some criticisms of the insanity defense and proposals for reforming it.
This document discusses the concept of forensic psychiatry and its implications. Forensic psychiatry deals with the interface between psychiatry and law. It involves determining competency to stand trial, assessing the mental state of prisoners and conducting research related to prisons. Forensic psychiatrists provide expert opinions in legal cases involving issues like criminal responsibility, competency, mental fitness and testamentary capacity. The document outlines Indian laws related to criminal liability, insanity defense, diminished responsibility, consent and civil matters like contracts, marriage, divorce and adoption from a forensic psychiatry perspective.
Grounds for Excluding Criminal Responsibility Relating to the Mental Capacity...ijtsrd
Under the Rome Statute the Statute of the International Criminal Court ICC , the grounds for excluding criminal responsibility defences are catalogued mainly under Articles 31 and 32. It is a fundamental principle of the Rome Statute that in order to establish criminal responsibility, the Prosecutor must prove three elements, the material element, the mental element and the contextual element. As concerns the mental element, Casten Stahn argues that cotemporary international criminal law recognizes a number of grounds for excluding criminal responsibility, which generally acknowledge that punishment is only justified if the underlying act is unwarranted and the offender is blameworthy. In this paper, it is argued that some of the grounds for excluding criminal responsibility provided in the Rome Statute are classified as grounds for excluding criminal responsibility relating to the mental capacity of the accused person. They are based on the contention that each of them shows that the accused person lacked the ability to act autonomously due to lack of mental capacity. The said grounds are insanity, automatism and other involuntary conduct, epilepsy, sleepwalking, diabetes, intoxication and mistakes that negative mens rea. The definition, the scope, the burden, the conditions for admissibility, the effect for each of the grounds when admitted have been examined. In conclusion, it is submitted that in spite of the importance of these grounds they are not usually invoked before the ICC because of the egregious nature of the crimes and the high profile of the accused persons who are held responsible because of their leadership role being the brain behind the crimes rather than for having carried out the material elements of the crimes. Njukeng George Ajapmua "Grounds for Excluding Criminal Responsibility Relating to the Mental Capacity of the Accused Person" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-5 , August 2022, URL: https://www.ijtsrd.com/papers/ijtsrd50556.pdf Paper URL: https://www.ijtsrd.com/humanities-and-the-arts/other/50556/grounds-for-excluding-criminal-responsibility-relating-to-the-mental-capacity-of-the-accused-person/njukeng-george-ajapmua
This document provides information on forensic psychiatry and aspects related to determining criminal responsibility for mentally ill individuals. It discusses key topics such as:
- Forensic psychiatry deals with applying psychiatric knowledge to legal and justice systems.
- Various mental states and disorders are described, including hallucinations, delusions, and impulse control issues.
- Laws and tests for insanity are outlined, including McNaugthen's Rule which established the insanity defense.
- Civil responsibilities and ability to enter contracts are impacted by mental illness. Criminal responsibility depends on understanding the nature and wrongfulness of one's actions.
The document discusses insanity as a defense in criminal law. It provides definitions and explanations of insanity from legal and medical perspectives. The key points are:
1) Insanity in criminal law refers to a mental disorder that impairs reasoning such that the person did not understand the nature of their act or that it was wrong. Medically, insanity refers more broadly to any mental abnormality.
2) English law on insanity is based on the M'Naghten Rules, which provide a cognitive test focusing on whether the person knew the nature and quality of their act and that it was wrong.
3) To claim the insanity defense, the law requires proof of a disease of the
This memorandum summarizes the probable cause, reasonable suspicion, and reasonableness standards under the Fourth Amendment. It explains that probable cause exists if facts would lead a reasonable person to believe a crime occurred or evidence will be found. Reasonable suspicion is a lower standard than probable cause, requiring articulable facts that criminal activity may be occurring. Reasonableness considers the government interest advanced by a search against the individual privacy intrusion. The standards are fluid and depend on the totality of circumstances in each case.
Forensic medicine deals with applying medical knowledge to legal problems and aiding the administration of justice. It is used by legal authorities to help solve legal issues involving injuries, deaths, accidents, and other medically-relevant legal matters. The primary tool of forensic medicine is autopsy, which can be used to determine cause of death and provide other evidence for legal cases. Forensic medicine involves collecting and analyzing medical evidence to produce objective information for use in the legal system.
The document discusses several issues and defences related to criminal law, including insanity and automatism defences. It notes that the burden of proof differs depending on whether the defence or prosecution raises insanity, which may confuse juries. The definition of insanity has also been criticized as outdated and irrelevant. The effectiveness of the verdict of not guilty by reason of insanity is also questioned. Reforms to modernize rules around fitness to plead and legal insanity are needed to make the law consistent with modern psychiatric understanding.
This document discusses the M'Naghten Rules for the insanity defense in criminal cases in the UK. It summarizes the key elements of the insanity defense, including that the defendant must have had a defect of reason from disease of the mind that caused them to not know the nature and quality of their act or know it was wrong. It discusses several cases that further clarified aspects of the insanity defense. It also notes some criticisms of the insanity defense and proposals for reforming it.
This document discusses the concept of forensic psychiatry and its implications. Forensic psychiatry deals with the interface between psychiatry and law. It involves determining competency to stand trial, assessing the mental state of prisoners and conducting research related to prisons. Forensic psychiatrists provide expert opinions in legal cases involving issues like criminal responsibility, competency, mental fitness and testamentary capacity. The document outlines Indian laws related to criminal liability, insanity defense, diminished responsibility, consent and civil matters like contracts, marriage, divorce and adoption from a forensic psychiatry perspective.
Grounds for Excluding Criminal Responsibility Relating to the Mental Capacity...ijtsrd
Under the Rome Statute the Statute of the International Criminal Court ICC , the grounds for excluding criminal responsibility defences are catalogued mainly under Articles 31 and 32. It is a fundamental principle of the Rome Statute that in order to establish criminal responsibility, the Prosecutor must prove three elements, the material element, the mental element and the contextual element. As concerns the mental element, Casten Stahn argues that cotemporary international criminal law recognizes a number of grounds for excluding criminal responsibility, which generally acknowledge that punishment is only justified if the underlying act is unwarranted and the offender is blameworthy. In this paper, it is argued that some of the grounds for excluding criminal responsibility provided in the Rome Statute are classified as grounds for excluding criminal responsibility relating to the mental capacity of the accused person. They are based on the contention that each of them shows that the accused person lacked the ability to act autonomously due to lack of mental capacity. The said grounds are insanity, automatism and other involuntary conduct, epilepsy, sleepwalking, diabetes, intoxication and mistakes that negative mens rea. The definition, the scope, the burden, the conditions for admissibility, the effect for each of the grounds when admitted have been examined. In conclusion, it is submitted that in spite of the importance of these grounds they are not usually invoked before the ICC because of the egregious nature of the crimes and the high profile of the accused persons who are held responsible because of their leadership role being the brain behind the crimes rather than for having carried out the material elements of the crimes. Njukeng George Ajapmua "Grounds for Excluding Criminal Responsibility Relating to the Mental Capacity of the Accused Person" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-5 , August 2022, URL: https://www.ijtsrd.com/papers/ijtsrd50556.pdf Paper URL: https://www.ijtsrd.com/humanities-and-the-arts/other/50556/grounds-for-excluding-criminal-responsibility-relating-to-the-mental-capacity-of-the-accused-person/njukeng-george-ajapmua
Abstract
The application of legal knowledge to psychiatry and of psychiatric knowledge to the legal issues is the subspecialty of psychiatry known as forensic psychiatry. In India, forensic psychiatry is still in its infancy. The legal issues pertaining to the mental health care in India appeared only after British Rule, with very minimal changes occurring post independence. Currently, the training of psychiatry postgraduates to the idea of an interface between law and psychiatry is poor. It is neglected, ignored, misinterpreted and misunderstood. To meet the standards of the developed world and international covenants, there is a pressing need by psychiatric community in the region to understand the existing legislation and to initiate changes through various agencies and regulatory bodies. This paper attempts to elucidate the interface of law and psychiatry in India in a nutshell.
This document discusses forensic psychiatry and its relationship to the legal system. It provides definitions and explanations of key concepts:
- Forensic psychiatry is a subspecialty that applies psychiatric knowledge to legal issues and legal knowledge to psychiatry. Forensic psychiatrists provide services like determining a defendant's competency to stand trial and providing treatment to criminals.
- Mental illness is defined, and factors like political/social status that are not relevant to determining mental illness are outlined. Capacity to make healthcare decisions is also discussed.
- Criminal law issues pertaining to mental illness are addressed, like the insanity defense and rules like McNaughton. Other topics covered include automatism, intoxication, being a witness with
The document summarizes the insanity defense. It discusses how the insanity defense is based on the idea that some criminal defendants lacked criminal intent due to mental illness or defect. There are two conceptualizations of insanity - cognitive insanity which impairs understanding of wrongfulness, and irresistible impulse which allows understanding but inability to control actions. Determining legal insanity is difficult as it is a legal rather than psychiatric concept. If successful, the insanity defense results in a verdict of Not Guilty by Reason of Insanity or Guilty but Mentally Ill.
Overlapping Universe Understanding Legal Insanity and Psychosis.docxalfred4lewis58146
Overlapping Universe: Understanding Legal Insanity and Psychosis
Zachary D. Torry • Stephen B. Billick
Published online: 6 April 2010 Springer Science+Business Media, LLC 2010
Abstract The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis.
Keywords Insanity defense NGRI Criminal action Mens rea
Introduction
The insanity defense has been a controversial and elusive component of the legal and psychiatric professions for centuries. It has long tantalized defendants and mystified jurors. Furthermore, the concept that certain people may not be held responsible for their actions by reason of their mental state generates feelings of anger and disparity among some individuals. The insanity defense is viewed by some as a ‘‘loophole’’ for defendants and a
Z. D. Torry Saint Vincent’s Hospital, Manhattan, NY 10024, USA
Z. D. Torry (&) 140 West 79th Street, #4B, New York, NY 10024, USA e-mail: [email protected]
S. B. Billick New York Medical College, New York, NY, USA
123
Psychiatr Q (2010) 81:253–262 DOI 10.1007/s11126-010-9134-2
scheme that clever attorneys and mental health professionals exploit to acquit their criminal clients and permit dangerous people to roam freely in society. Therefore, at times this defense directs accusatory attention to the field of clinical and forensic psychiatry. The psychiatrist might be viewed as creating excuses for the defendants’ otherwise criminal behavior. Finally, it has been sometimes argued that the insanity defense is inconsistent with the deterrent and punishment purposes of criminal law. The reality is that the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10–25% of those [1]. Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts [2]. Forensic psychiatrists are not the only psychiatrists who need to understand the insanity defense. Patients seen in ongoing clinical psychiatric treatment may commit crimes, and the psychiatrist should have some appreciation for understanding .
This document discusses forensic psychiatry and related topics. It begins with definitions of mental health, psychiatry, psychiatric nursing, and forensic psychiatry. It then outlines the basic components of forensic psychiatry, including the relationship between crime and psychiatric disorders, determining criminal responsibility, civil responsibilities, relevant laws, admission procedures in psychiatric hospitals, civil rights of the mentally ill, and the role of psychiatrists in the court system. In total, the document provides an overview of key aspects of forensic psychiatry as it relates to the legal system and care of the mentally ill.
The insanity defense and diminished responsibility defense have been criticized for being outdated and unfair. The insanity defense applies to all crimes but must be proven by the defendant, contrary to the legal principle of innocence until proven guilty. Diminished responsibility is a partial defense that only applies to murder charges. Critics argue for replacing these defenses with a new defense that does not label the defendant "insane" and can be applied to cases involving severe mental disorders or handicaps. Overall, the document argues that the current insanity defense is in need of reform due to outdated legal definitions of insanity and inconsistencies that have resulted from its application in courts.
This document discusses the complex relationship between law and medicine regarding mental health and legal culpability. It notes that while law and medicine both consider mental state, they have different definitions and approaches. Law focuses on attaching responsibility and considers insanity as a possible defense, while medicine views mental abnormalities as treatable diseases. The document explores how courts and medical experts sometimes disagree in their assessments of a defendant's mental state and responsibility. It examines relevant laws and cases regarding insanity defenses and mental abnormality. Overall, the relationship between law and medicine in this area is antagonistic yet interdependent, and improving collaboration between the two fields could lead to better outcomes.
The document discusses the historical perspective of how mental illness became criminalized. It traces how concepts of insanity developed in law from ancient times through modern legal tests like M'Naghten. The M'Naghten rule established the cognitive right-wrong test for insanity that is still used today. Later tests tried to expand this to include volition, like the irresistible impulse test. The Hinckley trial led to reforms tightening the insanity defense. Current law and practice regarding insanity defenses varies by jurisdiction.
This document discusses criminal responsibility and insanity defenses. It outlines several tests for insanity that have been used, including the M'Naghten Rule, irresistible impulse test, Durham rule, and ALI test. It also discusses how insanity is viewed under Indian law, which follows an adaptation of the M'Naghten Rule. Various conditions like delusions, drunkenness, and sleepwalking are also examined in terms of how they impact criminal responsibility. Emerging trends show greater acceptance of psychiatric understanding and consideration of cognitive and emotional faculties.
Louisiana Law ReviewVolume 31 Number 1December 1970C.docxcroysierkathey
Louisiana Law Review
Volume 31 | Number 1
December 1970
Civil Commitment Procedure in Louisiana
Larry C. Becnel
This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for
inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]
Repository Citation
Larry C. Becnel, Civil Commitment Procedure in Louisiana, 31 La. L. Rev. (1970)
Available at: https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1/11
https://digitalcommons.law.lsu.edu/lalrev
https://digitalcommons.law.lsu.edu/lalrev/vol31
https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1
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mailto:[email protected]
COMMENTS
responsibility of providing a financially solvent enterprise which
could satisfy a judgment secured by a plaintiff injured through
breach of the above standards. However, because of the increas-'
ing difficulty of the duties of the police force, it is felt that
there should be a differentiation between negligent breaches and
intentional breaches. In the former situation, the officer should,
be disciplined by way of administrative procedure while the
municipality should bear the brunt of a civil judgment for the
torts of its employee. However, in the latter situation, the mental
element makes it desirable that the officer and the municipality
be liable in solido. It is noted that such a scheme presupposes
that the veil of municipal immunity would be lifted as previously
discussed. It is submitted that the adoption of the above proposals
would give our courts the gauge by which to adequately judge
and redress violations of the legal rights of criminal suspects
and would in the end accomplish the purpose of upgrading our
police force.
The problem of inappropriate use of deadly force by a police
.officer is as old and as complicated as the problem of crime
itself. To criminally convict or to civilly condemn the individual
policeman is to treat the symptom while encouraging the disease
to fester. The causes of the problem are an inadequately trained
police force and law in the state of generality to the point of
uselessness. It is only when these causes are eliminated that
the problem will be resolved.
Van R. Mayhall, Jr.
CIVIL COMMITMENT PROCEDURE IN LOUISIANA
As of 1966, the United States had between 600,000 and
650,000 persons hospitalized because of mental illness.' Today
more people are involuntarily hospitalized in mental institutions
than are imprisoned for the commission of crime. 2 Volumi-
nous research and writing in both the medical and the legal
fields have been concerned with the problems of America's
mentally disturbed. The dilemma of the mentally ill is com-
1. Couch, Book Review, 44 TUL. L REV. 426, 431 (1970). In 1962-63, the
average daily population in Louisiana mental hospitals was 7,188 patients.
Another 10,069 persons were cared for in c ...
The document discusses the insanity defense and its various forms. It begins by stating that the insanity defense has developed into an understandable but challenging defense system. It then discusses the two main requirements for criminal charges - mens rea (guilty mind) and actus reus (guilty act). The insanity defense is based on the idea that certain mental illnesses can impair one's ability to form mens rea. It goes on to describe the four main forms of the insanity defense: M'Naghten, irresistible impulse, substantial capacity, and Durham.
Reduced punishment in Israel in the case of murder: Bridging the medico-legal...Ya'ir Ronen
This document summarizes the historical development of diminished responsibility laws in Israel. It discusses how Israeli law has evolved to bridge the gap between legal and psychiatric understandings of mental illness and criminal responsibility. Specifically, it notes that Israeli law has moved from a purely cognitive test for insanity to incorporating a test of will as well. Most recently, in 1997 clause 300a was added permitting more lenient punishment for murder in cases of severe mental disorder or significantly restricted mental capacity. This represented recognition in law that mental disorders exist on a spectrum rather than a simple sane/insane dichotomy.
- The document discusses the legal definition and tests for insanity as a defense against criminal charges in various jurisdictions, including India.
- It outlines the evolution of insanity tests in English common law from the "wild beast" test to the M'Naghten Rules, which established the cognitive incapacity standard that forms the basis for insanity defenses today.
- In India, Section 84 of the Indian Penal Code defines the insanity defense, which requires proving the accused was incapable of knowing the nature of their act or that it was wrong due to unsoundness of mind.
- The document analyzes case law applying the insanity defense and criteria like burden of proof, determining state of mind at
This document provides an overview of forensic psychiatry. It begins with definitions of psychiatry and forensic psychiatry. It then discusses the history of forensic psychiatry and how classifications of mental disorders have evolved over time, referencing systems like the DSM-IV and ICD-10. The document outlines some key areas where forensic psychiatry intersects with legal matters like family law and criminal cases. It also presents a case study related to McNaughton's Rule, a legal test used to determine insanity defenses. In closing, it lists several references for further information on topics covered.
The document discusses medical jurisprudence, which deals with legal aspects of medical practice and applies medical knowledge to legal matters involving injury, harm, or death. It examines how forensic medicine and pathology are used to collect and analyze medical evidence from crime scenes, such as determining cause and time of death from autopsy results or comparing DNA from criminals and victims. The document also briefly mentions Pakistani laws regarding marriage, landlord-tenant relations, evidence, and limitation of legal claims.
Digital Banking in the Cloud: How Citizens Bank Unlocked Their MainframePrecisely
Inconsistent user experience and siloed data, high costs, and changing customer expectations – Citizens Bank was experiencing these challenges while it was attempting to deliver a superior digital banking experience for its clients. Its core banking applications run on the mainframe and Citizens was using legacy utilities to get the critical mainframe data to feed customer-facing channels, like call centers, web, and mobile. Ultimately, this led to higher operating costs (MIPS), delayed response times, and longer time to market.
Ever-changing customer expectations demand more modern digital experiences, and the bank needed to find a solution that could provide real-time data to its customer channels with low latency and operating costs. Join this session to learn how Citizens is leveraging Precisely to replicate mainframe data to its customer channels and deliver on their “modern digital bank” experiences.
Main news related to the CCS TSI 2023 (2023/1695)Jakub Marek
An English 🇬🇧 translation of a presentation to the speech I gave about the main changes brought by CCS TSI 2023 at the biggest Czech conference on Communications and signalling systems on Railways, which was held in Clarion Hotel Olomouc from 7th to 9th November 2023 (konferenceszt.cz). Attended by around 500 participants and 200 on-line followers.
The original Czech 🇨🇿 version of the presentation can be found here: https://www.slideshare.net/slideshow/hlavni-novinky-souvisejici-s-ccs-tsi-2023-2023-1695/269688092 .
The videorecording (in Czech) from the presentation is available here: https://youtu.be/WzjJWm4IyPk?si=SImb06tuXGb30BEH .
GraphRAG for Life Science to increase LLM accuracyTomaz Bratanic
GraphRAG for life science domain, where you retriever information from biomedical knowledge graphs using LLMs to increase the accuracy and performance of generated answers
This presentation provides valuable insights into effective cost-saving techniques on AWS. Learn how to optimize your AWS resources by rightsizing, increasing elasticity, picking the right storage class, and choosing the best pricing model. Additionally, discover essential governance mechanisms to ensure continuous cost efficiency. Whether you are new to AWS or an experienced user, this presentation provides clear and practical tips to help you reduce your cloud costs and get the most out of your budget.
Generating privacy-protected synthetic data using Secludy and MilvusZilliz
During this demo, the founders of Secludy will demonstrate how their system utilizes Milvus to store and manipulate embeddings for generating privacy-protected synthetic data. Their approach not only maintains the confidentiality of the original data but also enhances the utility and scalability of LLMs under privacy constraints. Attendees, including machine learning engineers, data scientists, and data managers, will witness first-hand how Secludy's integration with Milvus empowers organizations to harness the power of LLMs securely and efficiently.
More Related Content
Similar to The Insanity Defence ~ An Analysis with Specific Reference to Section 84 of the Indian Penal Code, 1860.
Abstract
The application of legal knowledge to psychiatry and of psychiatric knowledge to the legal issues is the subspecialty of psychiatry known as forensic psychiatry. In India, forensic psychiatry is still in its infancy. The legal issues pertaining to the mental health care in India appeared only after British Rule, with very minimal changes occurring post independence. Currently, the training of psychiatry postgraduates to the idea of an interface between law and psychiatry is poor. It is neglected, ignored, misinterpreted and misunderstood. To meet the standards of the developed world and international covenants, there is a pressing need by psychiatric community in the region to understand the existing legislation and to initiate changes through various agencies and regulatory bodies. This paper attempts to elucidate the interface of law and psychiatry in India in a nutshell.
This document discusses forensic psychiatry and its relationship to the legal system. It provides definitions and explanations of key concepts:
- Forensic psychiatry is a subspecialty that applies psychiatric knowledge to legal issues and legal knowledge to psychiatry. Forensic psychiatrists provide services like determining a defendant's competency to stand trial and providing treatment to criminals.
- Mental illness is defined, and factors like political/social status that are not relevant to determining mental illness are outlined. Capacity to make healthcare decisions is also discussed.
- Criminal law issues pertaining to mental illness are addressed, like the insanity defense and rules like McNaughton. Other topics covered include automatism, intoxication, being a witness with
The document summarizes the insanity defense. It discusses how the insanity defense is based on the idea that some criminal defendants lacked criminal intent due to mental illness or defect. There are two conceptualizations of insanity - cognitive insanity which impairs understanding of wrongfulness, and irresistible impulse which allows understanding but inability to control actions. Determining legal insanity is difficult as it is a legal rather than psychiatric concept. If successful, the insanity defense results in a verdict of Not Guilty by Reason of Insanity or Guilty but Mentally Ill.
Overlapping Universe Understanding Legal Insanity and Psychosis.docxalfred4lewis58146
Overlapping Universe: Understanding Legal Insanity and Psychosis
Zachary D. Torry • Stephen B. Billick
Published online: 6 April 2010 Springer Science+Business Media, LLC 2010
Abstract The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis.
Keywords Insanity defense NGRI Criminal action Mens rea
Introduction
The insanity defense has been a controversial and elusive component of the legal and psychiatric professions for centuries. It has long tantalized defendants and mystified jurors. Furthermore, the concept that certain people may not be held responsible for their actions by reason of their mental state generates feelings of anger and disparity among some individuals. The insanity defense is viewed by some as a ‘‘loophole’’ for defendants and a
Z. D. Torry Saint Vincent’s Hospital, Manhattan, NY 10024, USA
Z. D. Torry (&) 140 West 79th Street, #4B, New York, NY 10024, USA e-mail: [email protected]
S. B. Billick New York Medical College, New York, NY, USA
123
Psychiatr Q (2010) 81:253–262 DOI 10.1007/s11126-010-9134-2
scheme that clever attorneys and mental health professionals exploit to acquit their criminal clients and permit dangerous people to roam freely in society. Therefore, at times this defense directs accusatory attention to the field of clinical and forensic psychiatry. The psychiatrist might be viewed as creating excuses for the defendants’ otherwise criminal behavior. Finally, it has been sometimes argued that the insanity defense is inconsistent with the deterrent and punishment purposes of criminal law. The reality is that the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10–25% of those [1]. Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts [2]. Forensic psychiatrists are not the only psychiatrists who need to understand the insanity defense. Patients seen in ongoing clinical psychiatric treatment may commit crimes, and the psychiatrist should have some appreciation for understanding .
This document discusses forensic psychiatry and related topics. It begins with definitions of mental health, psychiatry, psychiatric nursing, and forensic psychiatry. It then outlines the basic components of forensic psychiatry, including the relationship between crime and psychiatric disorders, determining criminal responsibility, civil responsibilities, relevant laws, admission procedures in psychiatric hospitals, civil rights of the mentally ill, and the role of psychiatrists in the court system. In total, the document provides an overview of key aspects of forensic psychiatry as it relates to the legal system and care of the mentally ill.
The insanity defense and diminished responsibility defense have been criticized for being outdated and unfair. The insanity defense applies to all crimes but must be proven by the defendant, contrary to the legal principle of innocence until proven guilty. Diminished responsibility is a partial defense that only applies to murder charges. Critics argue for replacing these defenses with a new defense that does not label the defendant "insane" and can be applied to cases involving severe mental disorders or handicaps. Overall, the document argues that the current insanity defense is in need of reform due to outdated legal definitions of insanity and inconsistencies that have resulted from its application in courts.
This document discusses the complex relationship between law and medicine regarding mental health and legal culpability. It notes that while law and medicine both consider mental state, they have different definitions and approaches. Law focuses on attaching responsibility and considers insanity as a possible defense, while medicine views mental abnormalities as treatable diseases. The document explores how courts and medical experts sometimes disagree in their assessments of a defendant's mental state and responsibility. It examines relevant laws and cases regarding insanity defenses and mental abnormality. Overall, the relationship between law and medicine in this area is antagonistic yet interdependent, and improving collaboration between the two fields could lead to better outcomes.
The document discusses the historical perspective of how mental illness became criminalized. It traces how concepts of insanity developed in law from ancient times through modern legal tests like M'Naghten. The M'Naghten rule established the cognitive right-wrong test for insanity that is still used today. Later tests tried to expand this to include volition, like the irresistible impulse test. The Hinckley trial led to reforms tightening the insanity defense. Current law and practice regarding insanity defenses varies by jurisdiction.
This document discusses criminal responsibility and insanity defenses. It outlines several tests for insanity that have been used, including the M'Naghten Rule, irresistible impulse test, Durham rule, and ALI test. It also discusses how insanity is viewed under Indian law, which follows an adaptation of the M'Naghten Rule. Various conditions like delusions, drunkenness, and sleepwalking are also examined in terms of how they impact criminal responsibility. Emerging trends show greater acceptance of psychiatric understanding and consideration of cognitive and emotional faculties.
Louisiana Law ReviewVolume 31 Number 1December 1970C.docxcroysierkathey
Louisiana Law Review
Volume 31 | Number 1
December 1970
Civil Commitment Procedure in Louisiana
Larry C. Becnel
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Repository Citation
Larry C. Becnel, Civil Commitment Procedure in Louisiana, 31 La. L. Rev. (1970)
Available at: https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1/11
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COMMENTS
responsibility of providing a financially solvent enterprise which
could satisfy a judgment secured by a plaintiff injured through
breach of the above standards. However, because of the increas-'
ing difficulty of the duties of the police force, it is felt that
there should be a differentiation between negligent breaches and
intentional breaches. In the former situation, the officer should,
be disciplined by way of administrative procedure while the
municipality should bear the brunt of a civil judgment for the
torts of its employee. However, in the latter situation, the mental
element makes it desirable that the officer and the municipality
be liable in solido. It is noted that such a scheme presupposes
that the veil of municipal immunity would be lifted as previously
discussed. It is submitted that the adoption of the above proposals
would give our courts the gauge by which to adequately judge
and redress violations of the legal rights of criminal suspects
and would in the end accomplish the purpose of upgrading our
police force.
The problem of inappropriate use of deadly force by a police
.officer is as old and as complicated as the problem of crime
itself. To criminally convict or to civilly condemn the individual
policeman is to treat the symptom while encouraging the disease
to fester. The causes of the problem are an inadequately trained
police force and law in the state of generality to the point of
uselessness. It is only when these causes are eliminated that
the problem will be resolved.
Van R. Mayhall, Jr.
CIVIL COMMITMENT PROCEDURE IN LOUISIANA
As of 1966, the United States had between 600,000 and
650,000 persons hospitalized because of mental illness.' Today
more people are involuntarily hospitalized in mental institutions
than are imprisoned for the commission of crime. 2 Volumi-
nous research and writing in both the medical and the legal
fields have been concerned with the problems of America's
mentally disturbed. The dilemma of the mentally ill is com-
1. Couch, Book Review, 44 TUL. L REV. 426, 431 (1970). In 1962-63, the
average daily population in Louisiana mental hospitals was 7,188 patients.
Another 10,069 persons were cared for in c ...
The document discusses the insanity defense and its various forms. It begins by stating that the insanity defense has developed into an understandable but challenging defense system. It then discusses the two main requirements for criminal charges - mens rea (guilty mind) and actus reus (guilty act). The insanity defense is based on the idea that certain mental illnesses can impair one's ability to form mens rea. It goes on to describe the four main forms of the insanity defense: M'Naghten, irresistible impulse, substantial capacity, and Durham.
Reduced punishment in Israel in the case of murder: Bridging the medico-legal...Ya'ir Ronen
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Similar to The Insanity Defence ~ An Analysis with Specific Reference to Section 84 of the Indian Penal Code, 1860. (16)
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The Insanity Defence ~ An Analysis with Specific Reference to Section 84 of the Indian Penal Code, 1860.
1. International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org ||Volume 4 Issue 9 || September. 2015 || PP.24-29
www.ijhssi.org 24 | P a g e
The Insanity Defence ~ An Analysis with Specific Reference to
Section 84 of the Indian Penal Code, 1860.
Dr. Madhusudhan .S, Vaniprabha G.V
1
MD (PSY), PGDMLE, PGHRL (NLSIU). Assistant Professor, Dept of Psychiatry, Victoria Hospital, BMCRI,
Fort ,KR Road, Bangalore.
2
M.Sc., M Phil , PGHRL (NLSIU), Clinical Psychologist, Dept of Psychology, BMCRI, Fort, KR Road,
Bangalore.
Abstract: The M’Naghten Rules and the test suggested therein came to be known as the “Right – Wrong” test.
Prior to this, a person who committed a crime and pleaded insanity was said to be possessed by evil sprits or
“wild beasts”. Confusion rules the roost when one attempts to analyse what exactly insanity is.
What are its borders? When can a person be called insane? What degree of loss of sanity is required, what is
the threshold between sanity and insanity are all questions that clamour for a clear answer which has been
evasive for a few centuries now and this evasiveness, the lack of answers to these pivotal questions, for a judge
or a jury, nay for the psychiatrist himself will remain.
A jury or a judge is called upon to declare guilt or pronounce innocence. A psychiatrist has a thankless job in
this context, which is certainly not going to cause any inconvenience to the judge or jury – it is by what the
psychiatrist says and how of it is comprehended in the correct sense by the jury and the judges – upon which the
fate of the accused hangs. He has to, through the evidence of the expert, the psychiatrist, prove that he was
insane or of unsound mind when the act in question was committed. An attempt is made here to understand the
medical and the legal aspects of the insanity defence.
Key words: Insanity defence, M’Naghten, Criminal Procedure Code, Section 84 of IPC.
I. INTRODUCTION
THE INSANITY DEFENCE ~A CONTEMPORARY HISTORY
A few years before M‟Naghten, Lord Macaulay, in his Draft Penal Code had excluded idiots, the delirious and
the mad from criminal liability. It is still felt in many quarters that these provisions were clearer and caused
lesser confusion than “ a person of unsound mind”, a phrase clearly influenced by M‟Naghten. An “unsound
mind”, making the actor unaware of the “nature and quality” of his physical acts, sometimes (as one author
cites as a gory example) “he must have thought, in striking his victim with an axe, he was chopping a piece of
wood”.(1)
M‟Naghten was 1843, soundly criticised from all quarters since then; our own Penal Code, incorporating the
present Section 84, voluntarily or involuntarily influenced by M‟Naghten in 1860 and in 1872 the Indian
Evidence Act, with Section 105 and Section 45, were promulgated. To administer these two laws, the Criminal
Procedure Code was enacted in 1898. Before the enactment of the 1898(2) Criminal Procedure Code, there was
no uniform law of procedure for the whole of India. There were separate Acts, mostly rudimentary in their
character, to guide the procedure of the Courts in provinces and the presidency-towns.
The law relating to insanity in India is primarily based on the English M'Naghten rules, these rules have been
criticised as being vague and obsolete and having its basis on misleading conceptions of insanity On the face of
it, the traditional distinction between „organic‟ illness and „functional‟ illness‟ seems no longer tenable. The
more exciting modern studies of the brain structure are undertaken at a sub-microscopic level. The nerve centre
of all this, so to speak, of all this activity, is the simple neurone, or nerve cell that links in a network with other
nerve cells.
Neurotransmission being modern talk, the conservative John Bull and his judiciary still did not take kindly to
M‟Naghten. In 1859, a judge ruled: “If an influence be so powerful as to be termed irresistible, so much more
the reason why we should not withdraw any of the safeguards tending to counteract it. There are three powerful
restraints existing, all tending to the assistance of the person who is suffering from such an influence – the
restraint of religion, the restraint of conscience and the restraint of the law. But if the influence itself be held a
legal excuse, rendering the crime un punishable, you at once withdraw a most powerful restraint – that
forbidding and punishing its perpetration”.
2. The Insanity Defence ~ An Analysis with Specific Reference...
www.ijhssi.org 25 | P a g e
In spite of these developments in England, we cannot afford to lose sight of the provisions of Chapter XXXIV in
our own Criminal Procedure Code, 1898, which in a sense governed the interpretation of M‟Naghten or Section
84 or the lunatic or accused of unsound mind.
The „Irresistible Impulse Test‟, which is also called the “policeman-at-the-elbow” law was formulated in 1922.
This is a broadening of the test for insanity under the M‟Naghten rules and stipulates that any act committed by
the accused who harbours an irresistible impulse to do such an act due to a mental disease shall have the benefit
of the defence of insanity. To psychiatrists, this interpretation is unsatisfactory as it covers only a small, special
group who are mentally ill.
Mentally Abnormal Offenders committee which was headed by Lord Butler recommended that a trial of the
incompetent be deferred for a maximum of six months (two periods of three months each, an interstitial further
hearing on incompetence to justify further deferment of the trial being required after three months) and if the
incompetence remains and the prosecution wishes to proceed, a trial should be conducted “to the fullest extent
possible having regard to the medical condition of the defendant”(3).
The Royal Commission on Capital Punishment suggested that the jury must be satisfied that at the time of
committing the act, the accused, as a result of the defect of the mind or mental deficiency,
i. did not know the nature and quality of the act, or,
ii. did not know that it is wrong, or,
iii. was incapable of preventing himself from committing the act.
The fallout of this report was not a complete departure from the M'Naghten Rules as far as the English Courts
were concerned but it had the effect of introducing a new defence, that of “Diminished Responsibility”, vide the
Homicide Act, 1957(20).
GETTING „CONVERSANT‟ WITH INSANITY
A. The Interaction between Criminal Behaviour and Mental Illness,
B. Some Medical / Psychiatric Conditions which qualify for establishing a successful insanity defence
and those that do not;
C. Provisions regarding evidence and burden of proving insanity,
D. Procedural aspects and safeguards under the Criminal Procedure Code, 1973 and the Mental Health
Act, 1987, and dealing with feigned mental illness
Most people outside the world of forensic psychiatry steadfastly maintain that this topic is esoteric. We tend to
agree with the opinion of the majority and in turn, decided to rely on Ralph Solvenko‟s extremely illuminative
and illustrative essay, causation in law and psychiatry(23) , he opines as follows;
1. Mental illness may simply coexist with criminality, without having any causal significance;
2. Mental illness may predispose towards criminality [Example – PTSDs]
3. Mental illness may inhibit criminal behaviour [Example – Catatonia may inhibit a person who might
otherwise commit a rape]
It must also be noted that the commission of a crime may cause mental illness rather than mental illness being
the cause of the crime; facing prosecution or punishment is a significant stressor and potentially pathogenic.(4)
Current research points to a high incidence of mental disorder among individuals who have committed violent
crimes. Although there is general agreement that individuals with certain characteristics of mental disorder are
more prone to violence than other individuals, there is still debate concerning the prevalence of violent
behaviour among various diagnostic groups. Current data suggest that schizo-affective diagnosis, paranoid
features, psychotic symptoms and substance abuse may all be associated with greater risk of serious violence.
Some Medical / Psychiatric Conditions which qualify for establishing a successful insanity defence and
those that do not
SCHIZOPHRENIA
The Supreme Court in Mohinder Singh v. State has held that a person suffering from schizophrenia at the time
of the incident is entitled to successfully claim the plea of insanity as has been ruled by the Bombay and
Rajasthan High Courts also. (5)
II. SUBSTANCE USE DISORDERS:
(a) Alcohol use: In Director of Public Prosecutions v. Beard it has been held that evidence of alcohol use which
renders the accused incapable of forming a specific intent to constitute a particular crime should be taken into
consideration with other facts proved in order to determine whether or not he had this (requisite and specific)
intent, but evidence of alcohol use which falls short of proving such incapacity and merely establishes that the
3. The Insanity Defence ~ An Analysis with Specific Reference...
www.ijhssi.org 26 | P a g e
mind of the accused was so affected by drink that he more readily gave way to some violent passion does not
rebut the presumption that a man intends the natural consequences of his actions. (6)
(b) Cannabis , Opioids, Cocaine, hypnotics and use of hallucinogens Related Disorders
Cannabiniod Metabolites are present and can be detected in urine samples and these metabolites can persist in
the urine of heavy users for up to a month. (7)
A heavy and habitual ganja smoker killed his wife and children because she prevented him from going to a
particular village. It was held that until the accused habit of smoking ganja had induced him to such a state of
mind as to make him incapable of knowing the nature of his act or criminality, he could not get the benefit of
this section(6).
III. DELUSIONAL DISORDERS
In both Public Prosecutor v. Shibo Koeri and Karma Urang v. State the court has recognised what
leading authorities call „melancholic homicidal mania‟ and held the accused not guilty of murder, having given
them the benefit of Section 84. The accused did not, by reason of unsoundness of mind, know that what he was
doing was wrong or contrary to law. Mere “morbid feelings” leading to murder does not attract the insanity
defence, the authorities opined.(6)
IV. SOMNAMBULISM [SLEEPWALKING]
If proved, it would constitute unsoundness of mind which attracts Section 84. In Papthi Ammal v. State
of Madras, the accused who had recently given birth to a child, had jumped into a well at night along with the
newborn. She was rescued but the baby died. Charges of attempt to commit suicide and murder were framed
and the insanity defence was raised on the ground of somnambulism but failed for lack of proof and adequate
evidence.(9)
EPILEPSY The accused murdered his mother and wounded his step- father without any apparent cause. After
the murder accused hid in a ravine. The medical evidence showed that the accused was subject to epileptic fits.
It was held that the accused was guilty of the acts charged but not so as to be responsible in law for action.
Where the appellant had produced at the trial a discharge certificate from the army showing that he was
released on account of his suffering from epilepsy about fifteen years prior to the occurrence and it was
clear from the prosecution evidence that the conduct of the appellant shortly prior to the, at the time of, and after
the commission of the offence by him as well as his mental condition as subsequently found by medical
examination were of such a nature that the appellant was of unsound mind on account of his having fit of
epilepsy at the time of occurrence, his conviction and sentence were set aside. (17)
Provisions regarding evidence and burden of proving insanity
With respect to a psychiatrist‟s evidence on insanity of the respondent, it is clear that the psychiatrist is treated
as an expert witness. Section 45 of the Indian Evidence Act, 1872 clearly applies to any evidence given by a
psychiatrist. Illustration (b) to Section 45 of the Act makes the position crystal clear as to evidence given by a
psychiatrist. And, for once, M‟Naghten‟s Rules come to the aid of the “medical man conversant in the disease
of insanity”. Lord Chief Justice Tindall has clearly marked the boundaries of a psychiatrist‟s testimony and
evidence that can be given by the medical man, in his clear answer to the fifth query in the M‟Naghten Case(9)
In India, it is upon the prosecution to prove beyond all reasonable doubt, both the mens rea and the actus reus
constituting the normal crime(20). However, since Section 84 of the Indian Penal Code, 1860 falls under
Chapter IV of the Code comprising of General Exceptions, we can here usefully refer to the authoritative
statement of law regarding the burden of proof in an insanity defence in Dayabhai Chhaganbhai Thakkar v.
State of Gujarat where it was held as follows(21):
“It is a fundamental principle of criminal jurisprudence that the accused is presumed to be innocent and,
therefore, the burden lies on the prosecution to prove the guilt of the accused beyond reasonable doubt. The
prosecution, therefore, in a case of homicide, shall prove beyond reasonable doubt that the accused caused the
death with the requisite intention described in Section 299 of the Indian Penal Code. This general burden never
shifts and always rests on the prosecution. But Section 84 of the Indian Penal Code provides that “Nothing is an
offence if the accused at the time of doing that act, by reason of unsoundness of mind was incapable of knowing
the nature of the act or that it was wrong or contrary to law.
The doctrine of burden of proof in the context of insanity may be stated in the following propositions(18):
a) the prosecution must prove beyond reasonable doubt that the accused had committed the offence with
the requisite mens rea; and the burden of proving that always lies on the prosecution from the
beginning to the end of the trial;
b) there is a rebuttable presumption that the accused was not insane when he committed the crime, in the
sense laid down by Section 84 of the Indian Penal Code: the accused may rebut it by placing by placing
4. The Insanity Defence ~ An Analysis with Specific Reference...
www.ijhssi.org 27 | P a g e
before the court the relevant evidence – oral, documentary or circumstantial, but the burden of proof
that rests on him is no higher than that rests upon a party to civil proceedings;
c) even if the accused is not able to establish conclusively that he was insane at the time of committing the
offence, the evidence placed by the prosecution may raise a reasonable doubt in the mind of the court
as regards one or more ingredients of the offence, including mens rea of the accused and in that case,
the court would be entitled to acquit the accused on the ground that the general burden that rests on the
prosecution was not discharged.
However, at the functional level, the burden is still heavy and “proves a hard nut to crack” for the mentally
disabled or disordered.(10)
Procedural aspects and safeguards under the Criminal Procedure Code, 1973 and the Mental Health Act,
1987 (11)
In Amrit Bhushan Gupta v. Union of India, a Bench of three judges of the Apex Court has held that “our statute
law on the subject is based entirely on secular considerations which place the protection and welfare of society
in the forefront (9). What the statute law does not prohibit or enjoin cannot be enforced. The question whether,
on the facts and circumstances of a particular case, a convict, alleged to have become insane, appears to be so
dangerous that he must not be let loose on society, lest he commits similar crimes against other persons when
released, or, because of his antecedents and character or for some other reason, he deserves a different treatment,
are matters for other authorities to consider after a court has duly passed its sentence.
Similarly, one of the objects and reasons of the Mental Health Act, 1987 lays down the following:
The attitude of society towards persons afflicted with mental illness has changed considerably and it is now
realised that no stigma should be attached to such illness as it is curable, particularly when diagnosed at an early
stage. Thus, the mentally ill persons are to be treated like any other sick person and the environment around
them should be made as normal as possible. The experience of the working of the Indian Lunacy Act, 1912, has
revealed that it has become outmoded. With the rapid advancement of medical science and the understanding of
the nature of the malady, it has become necessary to have a fresh legislation with provisions for the treatment of
mentally ill persons in accordance with the new approach.
In Jaishankar v. State, reported in AIR 1972 SC 2267, it has been held that the Court is bound to enquire and
determine if the accused is of unsound mind and if so, can he make his defence. This provision will come into
play if the Magistrate has reason to believe, as a reasonable person, that the accused may be of unsound mind.
This procedure and enquiry are mandatory and should be completed at the preliminary stage of the trial. Failure
to do so will vitiate the entire proceedings. Chapter XXV of the Code of Criminal Procedure governs the
procedure where the accused is insane(12).
Section 335 of the Criminal Procedure Code is a mandatory provision and is a safety valve for the society at
large and the accused himself(13).
Section 27 of the Mental Health Act, 1987 deals with mentally ill prisoners and is the corresponding provision
to Section 3(4) of the Indian Lunacy Act, 1912 which defined criminal lunatic and applies to proceedings under
Section 335 of the Criminal Procedure Code (14).
For example, in Krishnan Dutt v. State of Uttar Pradesh, the Court held that the act of the accused was sudden
and medical evidence proved that he suffered from chronic schizophrenia, it was held that he was eligible to the
benefit of Section 84 of the Indian Penal Code. The Division Bench set aside the conviction but ruled that
keeping in view his conduct, behaviour and medical records, he could not be set free as he would pose a danger
to the public. Directions were passed to shift the accused to a mental hospital(5).
Feigned Mental Illness
It is a matter of concern that as far as the judiciary has on the one hand held that “It would be most dangerous to
admit a defence of insanity based merely on the character of the crime or behaviour of the accused. These
factors alone are not enough to adjudge the accused non compos mentis”, the benefit of the section has been
given in cases where although they “did not find much antecedent material about the accused‟s behavioural
pattern”(3,4).
It is however, difficult to dupe a trained and sharp psychiatrist and Modi’s Medical Jurisprudence and
Toxicology (3,4)has given the following distinguishing features between true insanity and feigned mental ill
health:
1. Feigned mental ill-health always comes on suddenly, and not without some motive. True mental ill-
health may rarely develop all of a sudden, but in that case, some predisposing or existing cause will be
evident if a careful history is taken.
2. In feigned mental ill-health, the individual tries to pass off as mentally ill by putting forward
incoherent, maniacal symptoms, especially when he knows he is under observation. There is a
termination of all the symptoms when he thinks he is alone or unobserved (16).
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3. In feigned mental ill-health, the symptoms are not uniform, indicating a particular form of mental ill-
health. Malingers usually mix up the symptoms of one or two distinct types of mental ill-health. [as
contradistinguished from mixed symptoms which may show up in real cases also]
4. In feigned mental ill-health, violent exertion occasioned by imitating maniacal frenzy (which is
generally imitated by impostors) will bring on exhaustion, perspiration and sleep, but a really mentally-
ill person can stand such exertion for many days without fatigue and sleep.
5. A malinger, is not as a rule, dirty and filthy in his habits. He may smear his room with faeces and
other filth, if he has seen a truly mentally ill person doing so. In cases where the personality is well
preserved as in paranoid schizophrenia, the patient will remain tidy and clean.
6. A malinger resents frequent examinations for fear of detection unlike a neurotic or a psychotic who
does not mind being examined frequently.
7. It is almost impossible to feign sleeplessness for a long time(3,4).
At this juncture, we have take a look at one of the extreme criticisms of the Insanity Defence coming from an
American author. Christopher Slobgin in An End to Insanity: Recasting the Role of Mental Illness in Criminal
Cases (22)argues:
“At least in its modern guises, the insanity defence is overboard. Instead, mental disorder should be relevant to
criminal culpability only if it supports an excusing condition that, under the subjective approach to criminal
liability increasingly accepted today, would be available to a person who is not mentally ill. Such conditions
would be:
1. A mistaken belief that under the circumstances that, had they occurred, as the person believed, would
amount to a legal justification;
2. A mistaken belief that conditions exist that amount to legally recognized duress;
The absence of intent to commit crime (that is, the lack of mens rea, defined subjectively in terms of
what the defendant actually knew or was aware of.
At this juncture, we would like to draw the attention to provisions in our Criminal Procedure Code, which are
far more conducive and at least appear progressive on paper. Sections 334, 335, 338 and 339 in Chapter XXV of
the 1973 Criminal Procedure Code, being substantially similar to Sections 469, 470, 474 and 475 of Chapter
XXXIV of the 1898 Code respectively (12), the difference being primarily the change of nomenclature from
“lunatic” to “unsound mind” appear more beneficial to the mentally unsound accused offenders.
Two other points we would like to leave with, as food for thought are the Mad versus Bad Debate, put
succinctly by Norval Morris (24)in the following manner:
“Double stigmatisation of our subjects of our inquiry can be seen by anyone who visits a prison
containing mentally ill prisoners or a mental hospital holding the unfit to plead or those found not
guilty by reason of insanity. Prison authorities regard their inmates in the facilities for the
psychologically disturbed, no matter how they got there, as both criminal and insane, as bad and mad;
mental hospital authorities regard their patients who have been arrested and charged with a crime as
both insane and criminal, mad and bad.
A mental health professional, given this scenario, is duty-bound to sincerely promise all assistance to the courts
in the implementation of these provisions (15), which are beyond belief, far more progressive that those
proposed by American Law Institute or Lord Butler.
V. CONCLUSION
In conclusion, we would like to rewind thirteen years (not one hundred and seventy one), to 2002,
when it was pointed out that “experts nowadays frequently argue a neurological defence, even in cases of
seemingly calculated violence. They argue that the violence was an uncontrollable by-product of damage to a
specific region of the brain, caused genetically or by years of physical abuse during childhood, but neurologists
are yet to demonstrate a necessary correlation between a non-limbic (frontal lobe) abnormality in the brain and
violent behaviour. Individuals convicted of violent crimes do show a higher incidence of certain factors
associated with brain damage – abuse, head injuries, malnutrition, lower IQ or mental retardation, seizures and
subtle neuropsychological deficits than do people in control groups, but most people thus afflicted do not
commit violent crimes.”(19)
With all due respect to the late Lord Chief Justice Tindal and his brother judges and as an entreaty to our present
judges, can we bid adieu to M‟Naghten at least now?
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References
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[20] Padmaja Chakravarthy: Review of the Insanity Defense in India, Central India Law Quarterly, [2001] Vol. XIV, Jabalpur:
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