ABSTRACT

In approaching the issue of Anglo-American insanity defence reform the author intends to take as he/she starting point the McNaghten Rules. The McNaghten Rules form the test of insanity in both England and Ireland and at some point or another have comprised the basis of the insanity defence in almost every State of the United States. Criticism of the Rules commenced in the House of Lords itself. As Glueck has commented this suggests that the judges felt that the law as they had stated it applied to the hypothetical facts of the questions submitted and that it was too narrow to cover all possible conditions of insanity. Burgess had spent the evening watching video tapes at the flat of a female friend. The friend fell asleep, during which time the appellant hit her over the head with a bottle and the video recorder and then grasped her around the throat.