PSY 300 Chapter Notes - Chapter 8: Executive Functions, Carbon Monoxide Poisoning, Outpatient Commitment
27 Apr 2014
School
Department
Course
Professor
Document Summary
Chapter 8: role of mental illness in court. Two elements must be present for criminal guilt to be established: actus reus: a wrongful deed, mens rea: criminal intent. Unfit to stand trial: inability to conduct a defene at any stage of the proceedings on account of a person"s mental disorder. R. v. balliram (2003): an unfit person cannot be sentenced. R. v. prichard (1977): three criteria: whether the defendant does not have intentionality, whether they can plead to accusation, whether they have sufficient cognitive capacity to understand the trial proceedings. R. v. taylor (1992): defendant must be able to state the facts relating to the offence that would allow an appropriate defense. Criminal code of canada states that a defendant is assumed to be fit to stand trial unless the court is satisfied on the balance of probabilities that he or she is unfit. Approx 5000 fitness evaluations were conducted annually in canada.
