Browsing by Author "Mackay, R."
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An Anatomy of Automatism
Mackay, R. (Article)The automatism defence has been described as a quagmire of law and as presenting an intractable problem. Why is this so? This paper will analyse and explore the current legal position on automatism. In so doing, it will ... -
Case Comment R v Golds
Mackay, R. (Article)A critical discussion of the Supreme Court's decision on diminished responsibility in R v Golds -
Case Comment: Loake v Crown Prosecution Service
Mackay, R. (Article)A comment on the Administrative Court's decision in Loke v CPS dealing with the scope of the insanity defence when pleaded in a summary trial. -
Conclusion
Mackay, R.; Brookbanks, Warren (Book chapter) -
Criminal and Civil Law for the Psychaitrist in England and Wales
Mackay, R. (Book chapter)An account of mental condition defences in England and Wales -
Decisional competence and 'best interests' : Establishing the threshold for fitness to stand trial.
Brookbanks, W. J.; Mackay, R. (Article)the Threshold for establishing fitness to stand trial is in need of reform. A decisional competence limb is needed to broaden the threshold. -
The Development of Unfitness to Plead in English Law
Mackay, R. (Book chapter) -
Fitness to Plead - International and Comparative Perspectives
Mackay, R.; Brookbanks, Warren (Book)An edited collection which discusses fitness to plead from a comparative and international perspective dealing with a range of different jurisdictions. -
The Golds Standard of Substantial Impairment
Mitchell, Barry J.; Mackay, R. (Article)In Golds the Court of Appeal altered the approach to the meaning of the word "substantial" in the new diminished responsibility plea. We argue that this was a mistake which we hope will be recognised by the Supreme Court. -
The Impairment Factors in the New Diminished Responsibility Plea
Mackay, R. (Article)A discussion of the impairment factors in the new diminished responsibility plea informed by empirical research. -
The Insanity Defence in Operation
Mackay, R. (Article)An analysis of the author's empirical studies of the defence of insanity including an upodated study of all successful insanity defnces from 2002-2012. -
Introduction
Mackay, R.; Brookbanks, Warren (Book chapter) -
Investigating involuntary manslaughter: An empirical study of 127 cases.
Mitchell, Barry J.; Mackay, R. (Article)An empirical sudy of 127 involuntary manslaughter cases to investigate how the law operates. -
The M'Naghten Rules - a brief historical note
Mackay, R. (Article)This paper reveals the number and identities of the signatories to the M'Naghten Rules. However, the paper also confirms that some doubts about this issue remain. -
Mental disability at the time of the offence.
Mackay, R. (Book chapter)A detailed review of the insanity defence. -
Mental disability at the time of the trial.
Mackay, R. (Book chapter) -
"Nature", "Quality" and Mens Rea - Some Observations on "Defect of Reason" and the First Limb of the M'Naghten Rules
Mackay, R. (Article)This article discusses both “defect of reason” and the first limb of the M’Naghten Rules in order to explore the relationship of both to that of general mens rea. In doing so it explores some cases from one of my empirical ... -
The New Diminished Responsibility Plea in Operation- Some Initial Findings
Mackay, R.; Mitchell, Barry J. (Article)An empirical study of the workings of the new diminished responsibility plea. -
The New diminished responsibility plea.
Mackay, R. (Article)A critical analysis of the new diminished responsibility plea.