Psychology 2032A/B Lecture Notes - Lecture 8: Actus Reus, Mens Rea, Mental Disorder

• School: Western University
• Department: Psychology
• Course: Psychology 2032A/B
• Professor: K. Mc Keown

Document Summary

Presumption"s in canada"s legal system: elements that must be present for criminal guilt, actus reus- a wrongful deed, mens rea- criminal intent, must be found beyond a reasonable doubt for a guilty verdict to be reached. Fitness standard: whether the defendant is mute of malice (ie. intentionality, whether the defendant can plead to the indictment, whether the defendant has sufficient cognitive capacity to understand proceedings. Fitness standard- bill c-30: unfit to stand trial if unable to, understand nature or object of proceedings, understand possible consequences of the proceedings, communicate with counsel. Fitness standard changes: r v. taylor (1992) specified the "best interest rule" was too strict a criterion, five day limit for fitness evaluations with provisions, if necessary. In canada, only medical practitioners can conduct assessments: psychiatric or forensic experience is not required, psychologists are excluded from conducting court appointed assessments. Fitness instruments: fitness interview test revised (fit-r, competency screening test (cst, competency to stand trial assessment instrument (cai)