Proof of Defences: Insanity
These are the rules for the starting point and finishing point for the defence of
insanity:
(1)
Rule 1. Starting Point. The needle starts at 0% on the responder’s scale
and 100% on the initiator’s scale.
(2)
Rule 2. Finishing Point:
(i)
Responder Wins. The needle must finish at least at 51% on the
responder’s scale, which is also 49% on the initiator’s scale.
(ii)
Initiator Wins. The needle must finish at least at 50% on the
initiator’s scale, which is also 50% on the responder’s scale.
These rules can be represented on a diagram by highlighting the starting and
finishing points in bold:
Finish
Finis
h
Start
Initiator’s Scale
0%
20%
. . .
49%
50%
100
%
100%
80%
. . .
51%
50%
0%
Responder’s
Scale
Total
100%
100%
100%
100%
100%
100%
100%
Total
Figure 25.3 Proof of a Defences of Insanity in Criminal Cases
Proof of Defences: General Provisions
These general provisions apply to defences other than insanity:
(1)
Rule 1. Starting Point. The needle starts at 0% on the responder’s scale
and 100% on the initiator’s scale.
(2)
Rule 2. Finishing Point:
(i)
Responder Wins. The needle must finish at least at 2% on the
responder’s scale, which is also 98% on the initiator’s scale.
(ii)
Initiator Wins. The needle must finish at least at 99% on the
initiator’s scale, which is also 2% on the responder’s scale.
These rules can be represented on a diagram by highlighting the starting and
finishing points in bold:
Finish
Finis
h
Start
Initiator’s Scale
0%
20%
. . .
98%
99%
100
%
100%
80%
. . .
2%
1%
0%
Responder’s
Scale
Total
100%
100%
100%
100%
100%
100%
100%
Total
Figure 25.4 Proof of Defences in Criminal Cases Apart from Insanity
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