PSY 300 Chapter 8: Chapter 8- April 1 2020
11 Apr 2020
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The role of mental illness in court: pages 228-259. 2 elements that must be present for criminal guilt: actus reus: a wrongful deed, mens rea: criminal intent. Issues of fitness, insanity, automatism, and mental disorders all call into question these. Us supreme court stated that a defendant should not be held for more than a reasonable period of time to determine whether there is a likelihood of the person gaining competency (fitness) In canada, judge may order that defendant be detained in a hospital or that defendant be conditionally discharged: defendant is reassessed for fitness within 45 days. If defendant becomes fit, they return to court & proceedings resume. If defendant remains unfit after 90 days, they"re referred to a review board for assessment & disposition: cases of defendants who continue to be unfit are reviewed on an annual basis by the review board. If unfitness occurs again, proceedings stop until defendant becomes fit.
