1. Is the Insanity Defence Being Abused?
... remains so, even today in Australian jurisdictions (with minor amendments). "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, that he did not know that was he was doing ... for determining mental illness. It is important to address mens rea (guilty mind) when discussing mental illness. Did the defendant choose to do the wrong thing?, Did the defendant have free will? To act with mens rea is to ...
- Word Count: 1862
- Approx Pages: 7
- Grade Level: Undergraduate