PSYC 3310 Lecture Notes - Lecture 12: Actus Reus, Psychoactive Drug, Mens Rea
Document Summary
Nov 16th - mental illness & the criminal justice system. Final exam: saturday december 14th - 7:00 pm 9:30 pm. Not criminally responsible by reason of mental disorder. Fitness to stand trial & criminal responsibility (both concerned with mental status) Criminal responsibility (cr): deals with mental status at time of crime. Fitness to stand trial: deals w mental status at time of trial: precedes judgment of cr. Moral/legal traditions hold that you are not criminally responsible if unaware of the meaning of their actions. Mental illness can negate the requisite mens rea for offence. We cannot say that you are responsible for something that was beyond your control. Basically expect indivs charged with a crime understand the charges, proceedings, & can help in preparing their defence. By mid-1980s problems with the mental disorder provisions acknowledged lack of clarity & guidelines: someone declared unfit could be detained indefinitely. Bill c-30 (1992), canadian criminal code, states fitness.