The difference between mental illness and insanity is that a person would be considered insane if they were unable to appreciate the consequences of their actions. Whereas, someone suffering from “mental illness” could experience symptoms of mild depression to psychosis, but be fully aware of the consequence of their actions. A person could suffer a type of mental illness and still know that what they are doing is illegal.
The McNaughten rule cannot be used to defend a person who drinks alcohol and then kills someone in an accident. The person is fully aware that their actions, in this example the act of drinking, could result in a negative outcome. The same is held to a mentally ill person who is able to manage their illness with medication. If said person stops taking the medication, they are responsible for any illegal actions that may accrue.
a) Rational and guilty means that a person has a remorseful awareness of having done something wrong. b) Guilty but insane means that the person is found mentally ill at the time of the crime, but lacks enough evidence to be found not guilty by reason of insanity. c) Not guilty by reason of insanity means the person cannot appreciate the consequence of their actions due to their mental state. If I were deciding this case, I would find the same that this Judge had, based on the following information:
John Gibeaut (2006) reported; “Clark’s statements to a witness that he had planned to kill a police officer, and that he would set a trap for the officer by creating a disturbance” (The Facts, The Law, The Ruling, Para 4). This shows clear and methodical planning, if insane he could not have had such detailed development of a crime. John Gibeaut (2006) reported; “Fleeing the scene and hiding from police to avoid capture” (The Facts, The Law, The Ruling, Para 7). If a person has no concept of committing any crime, he would not have run.
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