CRI225H1 Lecture Notes - Lecture 8: Cooper Test, The Automatic, General Idea
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After davio, parliament finds it can capitalize on creating symbolic legislation: what is the relationship between the davio case and mental disorder? using mental illness to avoid responsibility. Insanity defence is extremely difficult to substantiate: all it takes it one case to create fear. History of defence of mental disorder beginning with insanity is a slow process that we"ve inherited from england in the (cid:883)(cid:890)(cid:882)(cid:882)"s. Courts have policed any controversial issues in regards to people: generally assumption is that defence of mental disorder results in acquittal this is, 2015 vince lee: found not criminally responsible due to a mental disorder. Public safety is very much a component of the defence of mental disorder. Lee was sent to a psychiatric institution for treatment. Question: how could something so horrible happen and the offender is not imprisoned: rarely are such defences successful.