Assertion: insanity's act | /r/HasProperty | wrong
Facets:
value: to law
type: TRANSITIVE-OBJECT
value: because of the mental defect
type: CAUSE
value: because of disease
type: CAUSE
Source sentences:
text: Under the test for cognitive insanity, a defendant must have been so impaired by a mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong.
text: The House of Lords asked the judges of the common law courts to answer five questions on insanity as a criminal defence, and the formulation that emerged from their review—that a defendant should not be held responsible for his actions only if, as a result of his mental disease or defect, he (i) did not know that his act would be wrong; or (ii) did not understand the nature and quality of his actions—became the basis of the law governing legal responsibility in cases of insanity in England.
text: Under the test for cognitive insanity, a defendant must have been so impaired by a mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong.
text: When arguing that the defendant was "not knowing the act was wrong", "wrong" is taken to mean "illegal", as set out in R v Windle  2 QB 826.
text: Second, the trier of fact must find that because of the mental defect, the defendant did not know either the nature and quality of the criminal act or that the act was wrong.
text: The terms “defect of reason” and “disease of the mind” can be defined in different ways, but in general, the defendant must be cognitively impaired to the level of not knowing the nature and quality of the criminal act, or that the act is wrong.
text: This is quite rare, so most defendants claiming insanity choose to assert that they did not know their act was wrong.
text: he or she committed or that the act was wrong because of the mental defect or disease.
text: That mental defect caused the accused to be unable to know either that the criminal act was wrong, or the nature and seriousness of the criminal act.
text: Because of the mental defect, the accused was unable to control his actions, exempting him from liability, even if he understood that the act was wrong.
text: /he did not know that the act was wrong.
text: Without knowing that the act is wrong, a defendant could not have formed the requisite criminal intent.
text: Under the test for cognitive insanity, a defendant must have been so impaired by a mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong.
text: The theory behind the defense is that a person who is insane lacks the intent required to perform a criminal act because the person either does not know that the act is wrong or cannot control his or her actions even when the person understands that the act is wrong.
text: The theory behind the defense is that a person who is insane lacks the intent required to perform a criminal act because the person either does not know that the act is wrong or cannot control his or her actions even when the person understands that the act is wrong.
text: o A person may be found guilty except insane if at the time of thecommission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong
text: they did not understand the act they committed or that the act was wrong.
text: The test has over time come to be formulated as something like this (from Black’s Law Dictionary): “A person is not criminally responsible for an act when a mental disability prevented the person from knowing either (1) the nature and quality of the act or (2) whether the act was right or wrong.
text: The defect of reason must be such that the defendant did not know what he was doing or, if he did know, he did not know the act was wrong.
text: The theory behind the defense is that a person who's insane lacks the intent required to perform a criminal act because the person either does not know that the act is wrong or cannot control their actions even when the person understands that the act is wrong.
text: The theory behind the defense is that a person who's insane lacks the intent required to perform a criminal act because the person either does not know that the act is wrong or cannot control their actions even when the person understands that the act is wrong.
text: Under the test for cognitive insanity, a defendant must have been so impaired by a mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong.
text: He or she did not know the act was wrong
text: Another test is whether a person who knows that the act is wrong, but does it anyway compulsively, on an “irresistible impulse”.
text: from the legal point of view, so long as he is able to distinguish between right and wrong and to know that the act done by him is wrong or contrary to law, a man a must be held to be sane.