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The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themself or to others.
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test defining the defence of insanity, first formulated by House of Lords in 1843. It is the established standard in UK criminal law, and versions have also been adopted in some US states (currently or formerly), and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction:
that every man is to be presumed to be sane, and ... that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to 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.
Anatomy of a Murder is a 1959 American courtroom drama film produced and directed by Otto Preminger. The screenplay by Wendell Mayes was based on the 1958 novel of the same name written by Michigan Supreme Court Justice John D. Voelker under the pen name of Robert Traver. Voelker based the novel on a 1952 murder case in which he was the defense attorney.
In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
John Warnock Hinckley Jr. is an American man who attempted to assassinate U.S. President Ronald Reagan as he left the Hilton Hotel in Washington, D.C., on March 30, 1981, two months after Reagan's first inauguration. Using a revolver, Hinckley wounded Reagan, the police officer Thomas Delahanty, the Secret Service agent Tim McCarthy and the White House Press Secretary, James Brady. Brady was left disabled and eventually died from his injuries.
Jimmy L. Smits is an American actor. He is best known for playing attorney Victor Sifuentes on the 1980s–1990s legal drama L.A. Law, NYPD Detective Bobby Simone on the 1990s–2000s police drama NYPD Blue, Matt Santos on the political drama The West Wing, and for appearing in Switch (1991), My Family (1995), The Jane Austen Book Club (2007), and In the Heights (2021). He also appeared as Bail Organa in the Star Wars franchise and as ADA Miguel Prado in Dexter. From 2012 to 2014, he joined the main cast of Sons of Anarchy as Nero Padilla. Smits also portrayed Elijah Strait in the NBC drama series Bluff City Law.
The legal thriller genre is a type of crime fiction genre that focuses on the proceedings of the investigation, with particular reference to the impacts on courtroom proceedings and the lives of characters.
The trial of Louis Riel took place in Regina, Canada, in 1885. Louis Riel had been a leader of a resistance movement by the Métis and First Nations people of western Canada against the Government of Canada in what is now the province of Saskatchewan. Known as the North-West Rebellion, this resistance was suppressed by the Canadian military, which led to Riel's surrender and trial for treason. The trial, which took place in July 1885 and lasted five days, resulted in a guilty verdict. He was also given a choice to plead guilty or insanity. Riel was subsequently executed by hanging, an outcome which has had a lasting negative impact on relations between Anglophone Canadians and the Riel supporters among French Canadians.
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act.
R v Chaulk, [1990] 3 SCR 1303 is a leading decision of the Supreme Court of Canada on the interpretation and constitutionality of section 16(4) of the Criminal Code, which provides for a mental disorder defence. Two accused individuals challenged the section as a violation of their right to the presumption of innocence under section 11(d) of the Charter of Rights and Freedoms ("Charter"). The Court upheld the section and provided a basis on which to interpret the section.
The Criminal Lunatics Act 1800 was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield, who attempted to assassinate King George III.
Donald Everett Shebib was a Canadian film and television director. Shebib was a central figure in the development of English Canadian cinema who made several short documentaries for the National Film Board of Canada and CBC Television in the 1960s before turning to feature films, beginning with the influential Goin' Down the Road (1970) and what many call his masterpiece, Between Friends (1973). He soon became frustrated by the bureaucratic process of film funding in Canada and chronic problems with distribution as well as a string of box office disappointments. After Heartaches (1981), he made fewer films for theatrical release and worked more in television.
An error of impunity is a lapse in the justice system that results in criminals either remaining at large or receiving sanctions that are below a socially optimal level. The term is used in Brian Forst's book Errors of Justice and in Robert Bohm's introduction to a special edition of The Journal of Criminal Justice on miscarriages of justice. If convicting an innocent person, called a miscarriage of justice, is a Type I error for falsely identifying culpability, then an error of impunity would be a Type II error of failing to find a culpable person guilty.
Trial films is a subgenre of the legal/courtroom drama that encompasses films that are centered on a civil or criminal trial, typically a trial by jury.
Law & Order: UK is a British police procedural and legal television programme broadcast from 2009 to 2014 on ITV, adapted from the American series Law & Order. Financed by the production companies Kudos Film and Television, Wolf Films, and Universal Television, the series originally starred Bradley Walsh, Freema Agyeman, Jamie Bamber, Ben Daniels, Harriet Walter and Bill Paterson. Dominic Rowan, Georgia Taylor, Paul Nicholls, Ben Bailey Smith, Sharon Small, Peter Davison and Paterson Joseph joined the cast in later series. This is the first American drama television series to be adapted for British television, while the episodes are adapted from scripts and episodes of the parent series.
Insanity in English law is a defence to criminal charges based on the idea that the defendant was unable to understand what he was doing, or, that he was unable to understand that what he was doing was wrong.
The Reckoning is a best-selling novel by John Grisham. In addition to Grisham's typical legal thriller, the book was also characterized by reviewers as "a murder mystery, a courtroom drama, a family saga, a coming-of-age story," "a period piece", and a war novel.
For the Record is a Canadian television drama anthology series that aired on CBC Television from 1976 to 1985. The series aired docudrama-style television films on contemporary social issues, typically airing between four and six films per year.
Slim Obsession is a 1984 Canadian short drama television film directed by Donald Shebib and produced by Bonita Seigel and Sig Gerber, about a small-town school teacher, who, after moving to Toronto, begins to diet and exercise to excess, almost destroying her marriage and her own physical and mental health. The film was made for the anthology series For the Record and garnered an award at the Columbus International Film Festival. Wright won an ACTRA for her performance in 1985.
By Reason of Insanity may refer to:
References
- 1 2 3 4 "Shebib shooting drama for CBC". Cinema Canada : 5. December 1981 – January 1982. Retrieved 5 July 2020.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Boone, Mike (6 March 1982). "CBC drama looks at insanity plea in law". Montreal Gazette . Retrieved 5 July 2020.
- 1 2 3 4 MacVicar, Bill (1 March 1982). "Reach for the topical". Maclean's . Retrieved 5 July 2020.
- ↑ "Actor". hrantalianak.com. Retrieved 6 July 2020.
- ↑ Collins, Richard (1990). "National culture; or, Where is here?". Culture, Communication and National Identity: The Case of Canadian Television. University of Toronto Press. ISBN 0802027334 . Retrieved 4 July 2020.
- 1 2 3 4 Henley, Gail (April 1985). "On the record: For the Record's 10 distinctive years". Cinema Canada : 18–21. Retrieved 4 July 2020.
- ↑ "Trained shrinks sent in to score for the defence: Does insanity excuse murder?". Globe and Mail . 6 March 1982.
- ↑ Hicks, Wessley (19 February 1982). "Guilty until found insane". Calgary Herald . p. 121. Retrieved 6 July 2020.
- ↑ "The categories and the nominees competing for the Nellie..." UPI. 15 April 1983. Retrieved 5 July 2020.