The Rules Governing the Insanity Defence in Order to Determine When a Essay

The Rules Governing the Insanity Defence in Order to Determine When a Person Should Not Be Criminally Liable - Essay Example The Rules Governing the Insanity Defence in Order to Determine When a Person Should Not Be Criminally Liable The court found him insane whom in an assassination attempt to Robert Peel the British Prime Minister, mistakenly killed his secretary. This led to the formation of strictures whereby it was avowed that a defendant was required to have a mental condition or illness and even retardation that was required to be severe to an extent that the defendant had no insight as to the quality and nature of the act committed without the knowledge that the act was wrong. English law has reviewed the concept of insanity defense and is an area rich in evidence especially with reference to decided cases evaluating this defense. In this regard, this paper will critically analyze the insanity defense according to English law. Changes that have been made to the insanity defense will also be delineated and the paper will conclude with an assertion if insanity defense still exists. To begin with, the English law stipulates that prior to passing judgment on an individual; the court has the responsibility of fulfilling two major components. Firstly, the court needs to prove actus reus which delineates that the defendant engaged in the conduct that was illegal as it was against the requirements of the law. Secondly, the court needs to prove mens rea illustrating the criminal intent in the act committed by the defendant. This is diversified in different courts as pertains to sanctions imposed. This shows that will is inculcated in criminal law illustrating responsibility of the defendant for his own behavior. However, the insanity doctrine precludes individuals from being responsible of their acts if they suffer from a mental illness that greatly hampers their ability to make concrete decisions (cognitive ability) or capacity to control behavior (volitional abilities) to an extent that their will becomes compromised.2 Insanity in English law is viewed from three ma in aspects. The first aspect entails insanity prior to the trial where despite the offender being in custody, he is insane. The English law requires that the Home Secretary detains the insane defendant immediately and receives a confirmation of insanity from two psychiatric doctors as pertains to the mental status of the defendant. The second clause of insanity is inculcated in unfitness of the defendant to plead following the defendant presenting with any of the six considerations stipulated under3. One consideration is the inability of the defendant too understand the charges, also inability to plead guilty or not and inability to challenge jurors. Consequently, inability to instruct counsel and instruct solicitors is also considered. Moreover, the inability of the defendant to follow proceedings and to give evidence in his defense is also reviewed.4 See R v Pritchard5and M (John)6. Following an assertion that the defendant is unable to plead, a second jury is usually set up deter mining if the defendant is guilty of actus reus. However, if the jury is convinced that the defendant is not liable for actus reus the defendant is acquitted. This cannot therefore lead to criminal conviction and hence the defense illuminating diminished responsibility is not viable as was the ruling in the case of Pierre Harrison ANTOINE v The United Kingdom7. The third aspect that inculcates insanity is insanity as the time of the offense. The major case that is used in this third aspect is the

Canadian Identity Essay Example | Topics and Well Written Essays - 1000 words

Canadian Identity - Essay Example The first step toward solving the problem will be recognizing the identity issue as a national problem. The government and the Canadians should then search for a common solution to the problem. In this paper, I will analyse the issue of Canadian identity from both perspectives. Regionalism is a dominant factor in Canadian social and political framework. As a political ideology, the Canadian regionalism is based on the dominance of one region over the others in national affairs. Regionalism is the main factor that has prevented Canadians from realizing their national identity (Charles 67). Firstly, regionalism has introduced divisions among Canadian citizens. It would be difficult to realize or define a true national identity on a country that is divided between social classes and generation gap. Canadian identity exists and it is responsible for our national prosperity that is based on our regionalism. Canada is divided into six basic regions that are based on geographical and social economic factors in the country. Regionalism is vital for Canadian identity. Regionalism provides a basis for national unity, which is instrumental in defining Canadian identity. ... However, Canada has been experiencing increasing numbers of immigrants from other countries (Charles 67). The existence of people from different cultures has made it impossible to define Canadian culture. Culture is a significant in defining the identity of a country. Thus, Canadians lack a common culture that they can identify themselves with or that associate them with the country. Currently Canada has become the leading country in social diversity. The country is home for people from all over the world including the Americans. As Canadian, we are a multicultural society that is not divided along ethnicity or any racial structures. The intercultural cohesion that exists among Canadians defines them as Canada citizens and people of the modern world (Mathews 98). Lack of a dominant culture or social group in the Canadian society promote national unity and freedom that defines the life of the Canadians and hence their national identity. Canada has a widening generation gap that adds c ontroversy to the issue of the Canadian identity. Since the arrival of the European immigrants, Canadians have been loosening their attachment with their European origin. There has been a continuously increasing variation in societal values across different generations. The association of Canadian citizens with their European countries of origin has been reducing constantly. The first generation of immigrants is completely different from the current generation of Canadian citizens. This trend is increasing constantly resulting into a wide generation gap. This factor is responsible for the lost Canadian identity. For instance how can we define where we are going if we do not acknowledge where we came from. It is a fact that Canadians originated from Europe and