The insanity defence: International and comparative perspectives By R. Mackay, W. Brookbanks (Ed.), Oxford: Oxford University Press. 2022. pp. 416. £90.00 (hbk). ISBN: 9780198854944
| Published date | 01 September 2023 |
| Author | Helen Howard |
| Date | 01 September 2023 |
| DOI | http://doi.org/10.1111/hojo.12539 |
DOI: 10.1111/ho jo.12539
BOOK REVIEWS
The insanity defence: International and comparative perspectives
By R. Mackay, W. Brookbanks (Ed.), Oxford: Oxford University Press. 2022. pp. 416.
£90.00 (hbk). ISBN: 9780198854944
Helen Howard
Teesside University
Email: H.A.Howard@tees.ac.uk
The insanity defence in England and Wales is set out in the M’Naghten Rules, which state that:
it must be clearly proved that, at the time of the committing of the act, the party
accused was labouring under such a defect of reason, from disease of the mind, as
not to know the nature and quality of the act he was doing; or, if he did know it, that
he did not know he was doing what was wrong. (Rv. M’Naghten (1843) 10 CI & F 200,
p.210)
Highly criticised and widely discussed, there is a general consensus that the defence is in dire
need of reform: from its stigmatic title to the narrow interpretations of both limbs of the Rules,it
is a rarely used and outdated defence. Despite the vast amount of commentary on this topic, The
insanity defence: International and comparative perspectives, part of the Oxford Monographs on
Criminal Law and Justice series, provides a fresh outlook on this defence, collatinginternationally
renowned experts and a diverse range of jurisdictions into one edited collection.
The book aims to explore the insanity defence in other jurisdictions and to ‘point the way to a
balanced assessment of how the insanity defence might be altered and improved’ (p.369). Both of
these aims are, in my view, achieved. The breadth of jurisdictions covered within this collection
provides the reader with a variety of alternative interpretations or possible amendments to the
M’Naghten Rules, as well as cautioning against directions in which the defence ought not to go.
The insanity defence begins with a critique of the M’Naghten Rules in England and Wales and an
exploration of reform proposals, subsequently moving on to address other common law jurisdic-
tions, including: Scotland, New Zealand, Canada and the United States. Beyond this, four civil law
jurisdictions are covered: France, Germany, the Netherlands and Norway, before consideration is
made of the insanity defence in China and under international criminal law.
Of the civil law jurisdictions, Meynen, in Chapter 12, suggests that the open criterion set out
in the Dutch Criminal Code creates the potential for ‘disparity’ (p.285), of which we should take
heed. The tragic mass killing by Anders Breivik in Norway triggered a move away in that country
from what was arguably a successful medicalised model of the insanity defence, demonstrating
the dangers of ‘knee-jerk’ legislation in the wake of tragedy.It is hoped that Gröning’s suggestion
that the move is less significant than initially suspected proves to be correct (p.314).
© 2023 The Howard League and John Wiley & Sons Ltd.
Howard J. Crim. Justice. 2023;62:431–436. wileyonlinelibrary.com/journal/hojo 431
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