PSY344H5 Lecture Notes - Lecture 1: Henry De Bracton, Actus Reus, Eyewitness Memory

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6 Dec 2020
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Forensic psychology is a research endeavor that examines aspects of human behavior directly related to the legal process (e. g eyewitness memory and testimony, jury decision making, criminal behavior, deception detection, risk assessment). Insanity is a borrowed term from common parlance developed into a legal concept. The challenge for the prosecutor is to ensure the common concept of insanity does not invade the legal concept. In ancient herbrew children and the insane were not held responsible for their acts. In 1265, bracton set forth the first explicit standard that and insane person is one who does not know what he is doing, is lacking in mind and reason and is not far removed from brutes. Mens rea- the mental element or purpose (1724) totally deprived of his understanding and memory and not know what he is doing, no more than an infant than a brute or a wild beast. Lord hale (1736) total defect of understanding .

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