
This book delivers an authoritative exposition of the M''Naghten Rules, arguing that the Rules have been misinterpreted by the English appellate courts and commentators who have interpreted them too narrowly.
Scrutinising both historical and contemporary sources, the chapters provide a detailed examination and re-assessment of the construction of the Rules. Ronnie Mackay and David Hughes investigate contemporary empirical research into the insanity defence in England and Wales, which demonstrates the need for innovative judicial rethinking. Overall, the book argues that, in light of this in-depth legal analysis, adopting a holistic interpretation of the Rules in their entirety will more accurately reflect the original judicial intention behind the Rules, and ensure an insanity defence which is more appropriate for the 21st century.
The Insanity Defence is a vital resource for academics and students in criminal law and justice, criminology and mental health law. It will also be of interest to judges and judicial officers, forensic psychiatrists and psychologists and mental health officials, as well as policymakers and legislators in these fields.