Category: Criminal Law

Insanity and Intoxication as General Excusatory Defences: Critical Essay In order to hold a defendant liable for a criminal offence, the prosecution not only bears the burden of proving the mens rea but also bears the burden of disproving any defence that can exonerate, reduce or lessen the defendants liability. Two such general excusatory defences…

Insanity Defence and Why Currently It Is Rarely Used: Critical Essay The legal defence of insanity states that the defendant is not capable of committing a crime as the individual is not aware of the nature or the quality of the act he has committed. Insanity is establishing that the mens rae (guilty mind) was…