PSY328H1 Lecture : Chapter 8
Document Summary
Two elements must be present for criminal guilt to be established: actus reus: a wrongful deed, mens rea: criminal intent. Both of these elements must be found beyond a reasonable doubt for a guilty verdict to be reached. Unfit to stand trial: refers to an inability to conduct a defense at any stage of the proceedings on account of a person s mental disorder. If a defendant is experiencing an episode of schizophrenia and lacks the ability to understand the situation and tell the lawyer the facts of the case. Prichard 3 criteria were delineated: whether the defendant is mute of malice (i. e. intentionally, whether the defendant can plead to the indictment, whether the defendant has sufficient cognitive capacity to understand the trial proceedings. Raising the issue of fitness: the issue of a defendant s fitness may be raised at various points from the time of arrest to the defendant s sentence determination.
