CRM 3311 Lecture Notes - Lecture 9: Endangerment, Postpartum Period, 18 Months
Document Summary
Assumes that human behaviour is the product of free will: we believe that people have the capacity to make choices and act on them. The legal concept of criminal responsibility holds that, because people act out of free will, they are responsible for their actions when they violate the law. An individual requires: actus reus, mens rea. Standards for guilt: beyond a reasonable a doubt. Should someone who commits a crime while suffering from a mental disorder be held responsible: just because someone is mentally ill does not mean that their behaviour should be excused. Those found ncr are assumed not to be acting out of free will, thus they cannot be held responsible for their crimes. Must prove the accused is ncr on the balance of probabilities: meaning more likely than not, the accused committed the act while suffering a mental disorder.