How do you get away with MURDER? Insanity, Diminished Responsibility and The House of Lords.

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  • čas přidán 14. 02. 2024
  • Tried to be Wes Anderson today; but forgot to check the spirit level on the tripod.
    #artoflaw #insanity diminished responsibility manslaughter murder house of lords
    Disclaimer: Neither this nor any other video, may be taken as legal advice. I accept no liability whatever for any reliance placed upon it, as there is no contract between us and I am not instructed by you. Also, none of that tortious duty of care malarky either. And really, if this video is of any relevance to you, you have bigger fish to fry.
    Founded by Alan Robertshaw and @Blackbeltbarrister
    czcams.com/users/blackbeltbarriste...

Komentáře • 46

  • @djwarren5081
    @djwarren5081 Před 5 měsíci +10

    As someone who worked for HMP for over thirty years, most of it in High Security establishments, I've met some really mad and bad individuals. The crimes they've committed are horrendous.

    • @coachhousechambers2047
      @coachhousechambers2047 Před 5 měsíci +1

      You seen that Bronson film? Be interested in your thoughts if you have.

    • @simon22273Z
      @simon22273Z Před 5 měsíci +1

      I only read Anon case notes/crimes/incidents in "secure hospital" ... HORRIFIC ... BUT told it's "safer in .. they take their meds .. and know in hours if not😮 so sorted??? " ...urmm Most times .. but staff attacks high no. of cases.

    • @djwarren5081
      @djwarren5081 Před 5 měsíci +1

      @@coachhousechambers2047 I haven't no. He once called me a Muppet. I said thanks Charlie, I'll remember that when I've retired.

    • @lindafletcher1628
      @lindafletcher1628 Před 5 měsíci +2

      I have also seen true evil....not all those who do horrible acts are evil but there are some.... There are also the bad trying to hide by acting mad. I only worked with a medium secure forensic population

    • @djwarren5081
      @djwarren5081 Před 5 měsíci

      @@simon22273Z I was only set upon twice during my service. A few officers and nurses were quite badly assaulted resulting in early medical retirement.

  • @andreaclarke4955
    @andreaclarke4955 Před 5 měsíci

    I have an older brother, my older brother has previous convictions in credit card theft, credit card fraud, gbh ... I'll never understand how on earth the financial trading standards allowed my older brother to carry out his financial trading for the lucrative off-shore accounts my older brother holds - my older brother often bragged how he "passed all of the police checks", but he couldn't have passed all of the police checks on the back of his own identity, I think the law is either mislead or biased or doesn't care about the truth, I and your subscribers take heart and are comforted by your programmes, I thank you for the communication, always arty and informative, God bless you and your family ❤

  • @adecrowshaw7235
    @adecrowshaw7235 Před 5 měsíci +3

    Thanks for this upload, that was very interesting. Criminal law is the focus of my first module so incredibly pertinent to me.

  • @andreaclarke4955
    @andreaclarke4955 Před 5 měsíci

    On a personal level I love your location today, it looks like a ballet studio where I once trained ❤

  • @jimkendall7522
    @jimkendall7522 Před 5 měsíci +4

    Alan, thank you for showing us the various parts of the country you enjoy. It drinks another dimension to your words of explanation.

  • @rubusroo68
    @rubusroo68 Před 5 měsíci +1

    I did a 6 week placement as part of my RGN training at a forensic unit at Royal Cornhill Hospital Aberdeen. I can tell you being a patient there is no picnic. You'd be better off in prison

  • @Calvi36
    @Calvi36 Před 5 měsíci +3

    Al, I came here from one of Dan's videos and I have to say that I love your no nonsense way of explaining laws, legalities and procedures. Could you please cover self defence as a defence in Scotland, England and Wales please and explain any differences between the Jurisdictions? I fully understand that you will probably not be au fait with Scot's law but any legal insights would be welcome.

    • @coachhousechambers2047
      @coachhousechambers2047 Před 5 měsíci +2

      I do have a video on here about self defence law; as it pertains in E&W. But I can re-do it. I've noticed that people tend not to look at older videos, so you can recycle them a bit. And I like making the actual vids so that will be a fun one!

  • @jimkendall7522
    @jimkendall7522 Před 5 měsíci +2

    I am not trained in the law at all. I am resident in Australia.
    I understand that here the situation differs in different states.
    1. Tried and found not guilty by reason of insanity. 2. Mental health tribunal sits and determines insane at time, so never put on trial.
    Please forgive non professional language.

  • @lindafletcher1628
    @lindafletcher1628 Před 5 měsíci +3

    Have worked in the area of forensic mental health, sometimes there is great difficulty distinguishing between the mad and the bad....

    • @djwarren5081
      @djwarren5081 Před 5 měsíci +2

      And some of them had a great sense of humour. I remember being at the hotplates at dinner time. One crazy guy who would regularly howl at night came up. I said "would you like some cabbage? He said " no thanks, I never eat my relatives "

  • @jneill
    @jneill Před 5 měsíci

    I don’t live in the UK. Where I do live, the legal definition of criminal insanity is very narrow. People that are sent to a mental hospital spend far more times there than they would at a prison. I’d rather an insane person be indefinately in a hospital than a definate prison sentence.

  • @martyndawson7484
    @martyndawson7484 Před 5 měsíci

    In the USA, clearly guilty killers plea bargaining for co-operating seem to routinely get away with far worse crimes than they are convicted of. It's not justice for the victims.

  • @josephfredbill
    @josephfredbill Před 5 měsíci +2

    Two questions: 1 If they become insane after comviction or between the offence and conviction - can they be sent to a mental hospital - in fact that may require a secure confinement not justified by their offence (mental hospitals not usually being prisons, 2. Temporary insanity at the time of their offence. There are a lot of subtleties hiding in these two situations.

    • @simon22273Z
      @simon22273Z Před 5 měsíci +1

      Secure Hospitals, children's as Bluebird Centre, Nr Southampton was Mental Hospital... And Broadmoor is a Secure Hospital too ...lots of these... Children are assessed by age AND STAGE not age alone ... As may be 26 years biological age, mental capacity of a 12 years old ... It's quite Simple ..frighteningly simple Entrenched Beliefs ... Not knowing Right from Wrong ? Simply very Low Education Achievement (LEA) some NATURE DNA R7 ALLIUM, but OFTEN NURTURE often Parents and grandparents beliefs ... No need to work as Benefits ... Can fight for your Rights , in Literal context as Autistics .. say "hold your hair on" and they hold their hair on intensely 😮 believe simple phrases are real "kiss a frog he turns into a Prince and marries you" girls really do believe that ! :( ...I was blown away ...Some are clearly NOT BRIGHT ENOUGH TO MAKE UP ALIENS TOLD ME TO KILL HIM LIKE THAT ...Lee Rugby ... Think was Allah ? Instructed the killing ...indoctrination ?BIG q What makes a Paedophile able to spot a vulnerable child in a playground? Or walking into school or home ? ... What makes person's hunt out vulnerable men or women with money to con them ? ... Or persons to kill rape kidnap etc., reasoning? Was Interesting ...too complex and the Law ?

    • @simon22273Z
      @simon22273Z Před 5 měsíci

      Judges sum up a case often on the basis of initial evidence ... But must facilitate "A FAIR TRAIL with no APPEAL possibilities .. that means ALL Angles ARE EXPLORED... FAB room

  • @SteveSmith-qf3sk
    @SteveSmith-qf3sk Před 5 měsíci

    You certainly like your idyllic locations, if you get a chance give St Fagans a go, it's near Cardiff. Love the channel.

  • @ianhutchinson1783
    @ianhutchinson1783 Před 5 měsíci

    Very interesting. Thank you.

  • @simon22273Z
    @simon22273Z Před 5 měsíci

    I knew Paul Britton and Mrugan Das ... Often Expert Witness and great experience/case studies .. also Sir Richard Bowlby Repeat Allium R 7 if I recall correctly (course notes in office, in book) They explained this to me on a course... Much detail in Paul's books "Picking up the Pieces" and "Jigsaw Man"... Very interesting case studies, anonymous of course but explain many MO more important the "Foundation Steps" to developing to their "Mental State of Mind" ... Frightening but often SIMPLE MINDS😮

  • @benhamilton5692
    @benhamilton5692 Před 5 měsíci +1

    You should have tried to pull a mad face for promotion photo.

  • @ianlaw6410
    @ianlaw6410 Před 5 měsíci +2

    "Siling it down"...haven't heard that outside of Lincolnshire! Where did you learn it?

    • @simon22273Z
      @simon22273Z Před 5 měsíci

      Not me and I am in South West too .. Stair rods .. chucking it down ... Or just 4 hours of heavy rains as yesterday 😅 Kernow Weather Team ✔️ and Weather Channel App radar EXCELLENT for hourly 4 casts ❤🎉

    • @djwarren5081
      @djwarren5081 Před 5 měsíci +2

      A common expression here in Yorkshire too.

  • @jons9721
    @jons9721 Před 5 měsíci

    I have always found it weird that you can kill someone , not get something material like money or removal of a love rival and be considered 'sane'. If you kill merely for pleasure are you 'rational'?
    Robbing someone and killing them is something I can see a evil logic to while someone making eye contact in the wrong way isn't

  • @djwarren5081
    @djwarren5081 Před 5 měsíci

    I don't know if you've covered this topic but a lot of people think it's the Old Bailey, but of course it's the CCC. When I worked at Brixton the old Newgate Prison clock was on the centre. A future topic?

    • @coachhousechambers2047
      @coachhousechambers2047 Před 5 měsíci +1

      Ooh yeah. There;s even a case on what counts as 'the precincts of the court' and it was held that Old Bailey, as in the actual street, wasn't part of the precincts (and thus you can take photographs/film there).

    • @djwarren5081
      @djwarren5081 Před 5 měsíci +1

      @@coachhousechambers2047 I hope you don't mind me chipping in with a few ideas. I was only remembering last night about a case at the coacd. His Lordship said to defence council, " your client does realise that I can increase his sentence "? I remember back in the day, judges would say "I pass a sentence that will allow for your immediate release " I believe they stopped doing that as the prisoner couldn't appeal against the sentence as they weren't actually given one.

  • @cloudsingh3147
    @cloudsingh3147 Před 5 měsíci

    Good evening to you. A lovely room there, t'is but a shadow of it's former glory as they say. A more serious topic - thank you, I am liking the juxtaposition. Hospitalized for an untreatable illness, now that doesn't seem right somehow. Ah well. And please excuse my possibly pedanticness but I thought it was Crown v Defendant rather than State v Defendant - if there is a difference? Thank you again anyway, 😊.

  • @bobfry5267
    @bobfry5267 Před 5 měsíci +2

    Just a side note.....Am I wrong in thinking that all offences, even "offences against the person" are in law, offences against the Crown? That the victim is in fact secondary to the prosecution, because the actual law breaking is a breaking of the King's Peace, an offence against the Crown, not the victim.

    • @coachhousechambers2047
      @coachhousechambers2047 Před 5 měsíci +1

      You are very *not* wrong in thinking that. Even private prosecutions are still brought in the name of the Crown. So you could have parallel civil proceedings where the victim was the claimant and thus an actual party; but in the criminal trial they would just be another witness.

  • @kieranmclaughlin8920
    @kieranmclaughlin8920 Před 5 měsíci +1

    McNaughton test.
    Ignorant then.
    Ignorant now.
    Shameful.
    Hey, that's "British " law.
    Ignorant to others.
    English must always be correct.
    Pathetic.

    • @kieranmclaughlin8920
      @kieranmclaughlin8920 Před 5 měsíci

      Attempt Irish?
      Of course not.

    • @kieranmclaughlin8920
      @kieranmclaughlin8920 Před 5 měsíci

      Especially ignorant toward anyone 'Irish.'
      Hooligans/Houlaghans ?
      Ach well, they're all the same.
      No good way to base a so called legal system on.
      The oldest legal system in the world?
      Yes.
      Based on prejudice and extreme ignorance.

    • @kieranmclaughlin8920
      @kieranmclaughlin8920 Před 5 měsíci

      In my experience... total wankers.

    • @kieranmclaughlin8920
      @kieranmclaughlin8920 Před 5 měsíci

      fashioned*