PSYC 2400 Chapter Notes - Chapter 8: Mental Health Law, Antisocial Personality Disorder, Shoplifting
12 Apr 2017
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Document Summary
The cornerstone of english-canadian law identifies two elements that must be present for criminal guilt to be established: a wrongful deed (actus reus, criminal intent (mens rea) Both of these elements and the elements for each specific case must be found beyond reasonable doubt for a guilty verdict to be reached. Issues of fitness, insanity, automatism, and mental disorders all call into question these two basic elements of criminal law. In order for individuals who are charged with the commission of a crime to be tried fairly, they should have some understanding of the charges and proceedings and be able to help in preparing their defence. A defendant who is deficient in these domains, possibly because of a mental disorder, may be considered unfit to stand trial. Unfit to stand trial refers to a defendant"s inability to conduct a defence at any stage of the proceedings on account of a mental disorder.
