CRIMINAL DEFENCES: INSANITY & AUTOMATISM
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- Опубліковано 4 тра 2019
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Cases mentioned in this video
A-G Ref (No 2 of 1992) [1993] 3 WLR 982
Bratty v AG for Northern Ireland [1963] A.C. 386
Quick [1973] Q.B. 910
Bailey [1983] 1 W.L.R. 760
Loake v CPS [2017] EWHC 2855 (Admin)
R v Codere (1916) 12 Cr App R 21
Sullivan [1984] A.C. 156
Hennessey [1989] 1 W.L.R. 287
Legislation mentioned in this video
Trial of Lunatics Act 1883
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Hey Elena, liked your videos. I would love you to make a video on Diminished Responsibility and the elements to it. I'm currently a Law student but is having trouble getting around this topic. Love your video on this, helped me alot. Thank you
Thanks so much Elena, your explanation is indeed helpful for my upcoming exams in Criminal Law.
Thanks Elena for this video on Defence. It really assisted me in what I needed to know as I am doing UK law. Would love to have a video on the actus reus and mens rea on Attempt - inchoate area.
I want to specialize in forensic psychology (I’m on my second year of psychology) and this is so interesting. You just made me be even more sure that that’s what I want to study.
You are brilliant! This has helped me so much thank you
so i am not guilty. i was arrested for driving on psychiatric medications, tried, and found guilty for impaired driving. i am so innocent that i think what happens to me is ok and fine because i am mentally disabled. i have low functioning depression and schizophrenia called (schizoaffective depressive type) and i am maybe mild autistic. and i am intelligent. i am forced my medications. if i try to stop i am sent to a mental hospital until i comply. i want to quit. i dont want medications anymore. i one time told my doctor i will quit, she sent the police to my house.
What about a video on the subject of self or legitimate defense? It requires of number of interesting necessary conditions that I think would be interesting to expose.
I like your legal videos ....your legal acumen is impressive...in Swiss law we analyse a temporary state of irresponsibility by the concept of 'dol eventuel' which is defined as someone who commits an act whilst envisaging and accepting the possibility that this may lead to the commission of an illegal act. In the case of manslaughter due to drunken driving we back up in time so to speak and enquire under what circumstances the alcohol was absorbed. If it was slipped to them in their fruit juice and the person was unaware that they were drinking anything other than fruit juice then they will not be condemned as long as the taste of alcohol was not strong enough to have led someone to realize the drink was spiked. In this appreciation of the mind frame of the person prior to becoming drunk the question would be asked whether they have a history of heavy drinking and whether they could have reasonably foreseen that they would drive in this state. If the answer is negative then the court will hold that they lacked 'conscience et volonté' to commit an illegal act and they will not be sentenced.It will not eradicate the fact that a crime was committed it will just exempt the person from being sentencing.I suffer from Tourette's syndrome...and sometimes my fingers slip due to unintentional neural motor reflexes....you are b-b-b-b-b--b-b-eautiful....oops...
Joint enterprise
Can you please explain the repercussions of being found not guilty by insane automatism. Do you get a criminal record? Does the judgment show up somewhere? (Based in the UK).
criminal joint
Very useful video😄, i have a couple of questions: Which is the difference between automatism and insanity in mental illnesses? Lots of them are caused by external factors, are they considered an automatism defense? And which is the perspective about genetics, alcohol abuse can be partly influenced by a genetic predisposition.
Self intoxication is an external factor. Therefore, it could not be regarded as Insanity. Insanity really needs to be due to internal factors like what she said in the video.
Very interesting. Does that only apply to the UK?
Hi! Some other common law jurisdictions also have these defences but not all of them apply the same tests for the defences!
Ireland uses them as well, North and South and most state of the U.S. uses them over the irresistible impulse test which is not too popular anymore as it is easier to get a defence with it.
What jurisdiction is this?
Are you a lawyer?
L