A Conversation for Insanity and The Law

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Post 1

violagirl

I have the vague feeling (wasn´t really paying attention in lectures) that had McNaughton been tried under the rules developed as a result of his case he wouldn´t have been found not guilty by reason of insanity. And there was certainly another case which extended or defined the definition where someone killed becuase he thought he had to die to save the world, but believed that suicide was wrong. Therefore he knew the nature of the act and knew that it was wrong but still managed to fall under the McNaughton rules. And this was at the start of the development, long before Dim. Resp. came on the scene, which interestingly we don´t have in Ireland, and we use as far as I remember an older version of the McNaughton rules.


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Post 2

Researcher 161903

Under his rules he would not have been conviceted as he knew the nature and quality of his act and that others would be of the opinion that it was wrong (which is enough)

Incidentally isn't it spelt McNaghten?


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Post 3

stephenray

...mostly in law texts it's written "M'Naghten" which is, in England anyway, an archaic spelling for the Scottish/Irish 'glottal stop' (try thinking of the way a cockney would pronounce "butter" - bu'er) giving you M'Donald, M'Leish.


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Post 4

Oberon2001 (Scout)

I've seen 4 different spellings of his name.
Anyone think this is in need of an update?


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Post 5

superdocj

Spelling should be "M'Naughton"!


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Post 6

Oberon2001 (Scout)

You sure? Cos even the law reports differ on this?


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