CRIM 402 Chapter Notes - Chapter 12: Actus Reus, Mens Rea, Genetic Testing
13 Aug 2020
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If person has biological predispositions for antisocial behaviour & courts accept that predisposition impacted free will & ability to understand significance of crime, undermines basic presumptions & brings into question indiv"s moral culpability. Possible that biological explanations disregarded for so many years due to strong fear of determinism & general lack of understanding of biological factors. In pretrial, mental competency of defendant to stand trial may be contested. Establishing actus reus - involves proving person actually committed crime. Establishing mens rea - involves determining person"s mental state at time of offence & whether defendant had mental capacity to form intent & understand consequences of such actions. Lack of mens rea - basis for ruling in canada of not criminally responsible on account of mental disorder . Cjs around world based on 2 presumptions. Accused had free will & voluntarily committed criminal act. Accused has mental ability to understand consequences of actions.
