Law 3101A/B Chapter Notes - Chapter 5: Antipsychotic
Document Summary
Feel free to email me (oneclass512475@gmail. com) if you have any questions or don"t understand something! Chapter v: mental health, criminal justice, and civil commitment. Part 1: the criminal justice system and mental health (a) court-ordered psychiatric assessments and unfitness to stand trial. All accused are presumed to be fit, unless the defense or prosecutor proves otherwise on a balance of probabilities. If after the 60 days, they are still not fit, then the criminal trial will be stayed and they will be detained in a psychiatric facility and accessed by a criminal review board. Individuals cannot be held criminally responsible if they were suffering from a mental disorder that rendered them: (cid:862)i(cid:374)(cid:272)apa(cid:271)le of app(cid:396)e(cid:272)iati(cid:374)g the (cid:374)atu(cid:396)e a(cid:374)d (cid:395)uality of the a(cid:272)t , or of k(cid:374)o(cid:449)i(cid:374)g that it (cid:449)as (cid:449)(cid:396)o(cid:374)g. (cid:863) The scc held that the defense may apply when the accused knows the conduct is legally wrong, but does not know that it is morally wrong: e. g.
