PSYC 3350 Chapter Notes - Chapter 8: Actus Reus, Psychosis, Mental Disorder
Document Summary
Psychology 3350 chapter 8: the role of mental illness in court. Presu(cid:373)ptio(cid:374)s i(cid:374) ca(cid:374)ada"s legal syste(cid:373: two elements that must be present for criminal guilt to be established, a wrongful deed (actus reus, criminal intent (mens rea) How is fitness restored: the most common form of treatment for fitness is medication. If the court determines that sufficient evidence is no longer available to prosecute the case, the case is dropped and the defendant is found not guilty. If unfitness occurs again, the proceedings stop until the defendant becomes fit. If a defendant becomes fit while in custody and there is reason to believe that he or she may become unfit if released, the defendant will be required to remain in the facility until the trial is complete. Insanity: impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence. Raising the issue of insanity: few defendants use the insanity defence.