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Insanity in English law is a defence to criminal charges. The defence comes in two forms, depending on whether the defendant claims he was insane at the time of the crime or only at the time of trial. In the first situation, the defendant must show that he was either suffering from a disease which damaged the functioning of the mind and led to a defect of reason that prevented him from understanding what he was doing, or that he could not tell that what he was doing was wrong. In the second situation, the test is whether or not the defendant can differentiate between "guilty" and "not guilty" verdicts, instruct counsel and recognise the charges he is facing. Use of insanity as a concept dates from 1324. During the 18th century, the test to determine insanity became extremely narrow, with defendants required to prove that they could not distinguish between good and evil and that they suffered from a mental disease which made them incapable of understanding the consequences of their actions. The current wording comes from the M'Naghten Rules, based on the trial of Daniel M'Naghten in 1843. The current rules have been subject to intense criticism, particularly on the basis of their limited concept of the nature of mental disorder. (more...)


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