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Abstract

The insanity defence has been one of the most hotly debates issues in criminal law for centuries yet there remains an absence of understanding around the plea, its implementation, and moral standpoint in criminal court. This thesis set out to investigate the insanity plea and diminished responsibility through the means of a narrative literature review that will assist in investigating whether such pleas are fit for purpose. This comes with a primary focus on the criteria for the plea and mental disorders that may warrant for an appeal such as Schizophrenia, Borderline Personality Disorder, and bipolar disorder, highlighting the most common traits displayed that may cause a deficit of reasoning. Criminological theories have also been explored throughout the thesis, that aim to understand not only why crimes are committed but the affect abnormal mental functioning has on behaviours, causing criminal activity.
The use of a jury to sentence cases that involve insanity is also critically analysed and evidence issues in the current process used. Such research on public opinion and sentencing statistics concluded that utilising juries may not be the best mode of practice due to their lack of legal briefing and bias opinions that come from a generalised misunderstanding of the insanity plea. This highlights a need for amendment in practice as well as measures to better educate the general population on what decision-making process goes in to granting diminished responsibility or criminal insanity and the moral rational that contributes towards it.

Course: Criminology and Forensic Studies - BSc (Hons) - C2039F

Date Deposited: 2024-11-21

URI/permalink: https://library.port.ac.uk/dissert/dis14553.html