#CURRENT INSTANITY DEFENSE LAW TRIAL#
#CURRENT INSTANITY DEFENSE LAW LICENSE#

It is well established among psychiatrists that, apart from the generic predisposition, external factor such as the use of cannabis and alcohol addiction can trigger the development of schizophrenia. The question then arises as to whether, for example, self-induced schizophrenia should be distinguished from genetically inherited one. The definition in Ireland, unlike in England, specifically exclude intoxication. Unlike in cases of automatism, only internal factors, as it was confirmed in R v Sullivan, 13 can be involved to constitute the state of insanity in Ireland. Should it be done to take the future development in psychiatric research into account, then the unification of the legal and psychiatric definition of mental disorder is required.

At present, the term of mental disorder is legal and not medical and in providing an expert testimony, psychiatrists have to rely on the legal definition of insanity. The purpose of an intentionally broad definition of mental disorder remains unclear. 12 The Butler Committee 1975 in England suggested that the substitution of the term “insanity” with “mental disorder” will modernize the 21 st century legislation. 10 As a result, McAuley criticized the approach where purely physical diseases or states that are only incidental concerns to psychiatrists, such as epilepsy, 11 may in some situations be considered forms of legal insanity and attract a label of being “insane” in legal terms, not necessarily in factual. The term is outdated and misleading, as the law is not primarily concerned with whether the mind was diseased, but rather with impairment of mental faculties and a risk or reoccurrence. Despite that, it can still be argued that some personality disorders, such as psychopathy, may also be defined as a “disease of the mind”, as suggested in People (DPP) v O’Mahony.

#CURRENT INSTANITY DEFENSE LAW LICENSE#

8 However, it was later rejected based on the fear that by doing so the defence would become a license to kill. The original intention of the drafters was to include personality disorders. It is unclear from the definition whether personality disorders come within the scope of the act.

#CURRENT INSTANITY DEFENSE LAW TRIAL#

Claim of temporary insanity may be problematic since investigation may delay the trial and it may be very difficult for the psychiatrist to assess the person’s mental condition retrospectively, based on the events occurred in the past. 6 Furthermore, it was confirmed by Diplock L in R v Sullivan 7 that the disease does not have to be permanent, provided that it was subsisted at the time when the crime was committed. Disease of the mind should not be equated with the disease of the brain, but, instead, it should affect the mental faculties of the reason, memory and understanding. The only further clarification can be obtained from the Section 3 of the Mental Health Act 2001, which defines “mental illness.” The initial problem arrives from the fact that the term “insanity” itself is not recognized in psychiatry. Section 1 of the Act defines “mental disorder” very vaguely as including “mental illness, mental disability, dementia and any disease of the mind, but does not include intoxication.” From the wording of the legislation, it appears that the list is not inclusive. Even if the accused has failed to raise any of the above forms of insanity successfully during the trial, the evidence of his or her mental disorder may nevertheless be taken into consideration at the sentencing stage of the trial. Both defenses can only be raised if the person is fit to The purpose of raising the defence of insanity under Section 5 is to seek an exemption from criminal liability, based on the absence of mens rea, while the purpose of the partial defence of diminished responsibility under Section 6 is to reduce a murder charge to manslaughter. In Ireland, there are currently three forms of insanity: the insanity defence under Section 5, the defence of diminished responsibility under Section 6 and, finally, the unfit to be tried plea under Section 4. Defense of Insanity: The Battle of Two Disciplines An attempt will be made to draw a conclusion in relation to the effectiveness of the Act. The essay will analyze the problematic legislative approach to the sentencing, incarceration and hospitalization of people with personality disorders.

The aim of this essay is to provide a critical analysis of the current status of the defence of insanity in Ireland. Despite suggestions by some legal academics, 2 that the defence of insanity should be abolished due to the absence of mens rea, or at least should be abolished as a separate defence, 3 it can be argued that, in most cases, the defence is crucial to the proper functioning of the criminal justice system.

Current instanity defense law