CRI365H1 Lecture Notes - Lecture 10: Insanity Defense, Echopraxia, Rational Choice Theory
8 Aug 2022
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Law week, ended up w/ conclusion that best way to understand leniency given in some cultural evidence cases juries have intuitive grasp of subjectification perspective on culture & socialization. Socialization is so profound, structuring subjectivity to such an extent very difficult to grasp/follow culturally alien law, even where people from another culture are trying to be good citizens. However, this insight ultimately threatens our sense that the criminal law does/can reflect secure moral truths becomes just what we have been socialized to believe. Looked at us case of man punishing child w/ pepper & lenient disposition. In canadian case of r v baptiste, ontario court ruled that corporal punishment of children should conform to canadian standards. Today, going to look at issues raised in cases where there is a clash of law & culture, but where some kind of mental disturbance is also involved. Number of key possibilities we will touch on.
