PSYCH 3CC3 Chapter Notes - Chapter 8: Executive Functions, Risk Assessment, Antipsychotic
7 Dec 2013
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Chapter 8: the role of mental illness in court. Two elements that must be present for criminal guilt to be established: Wrongful deed, also known as actus reus. Criminal intent, also known as mens rea. Must be found beyond a reasonable doubt. 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. Unfit to stand trial: defendant"s ability to conduct a defence at any stage of the proceedings on account of a mental disorder. Whether the defendant is mute of malice (intentionality) Whether the defendant can plead to the indictment. Whether the defendant has sufficient cognitive capacity to understand the trial proceedings. A defendant need only e able to state the facts relating to the offence that would allow an appropriate defence.
