CRM 200 Lecture Notes - Lecture 8: Insanity Defense, Alcoholism, Brain Damage
12 Feb 2018
School
Department
Course
Professor
Document Summary
Not criminally responsible by reason of mental disorder (ncrmd) and automatism. Crm 200: week 10: the defences will not be in fact patterns since they are heavily dependent on medical evidence. Prosecution can only raise the defence after the accused has been found guilty. It is unfair to ask the accused to prove ncrmd beyond a reasonable doubt therefore it is a lower standard: very rare that the court invokes section 1. Procedural considerations of the mental disorder defence: disposition of an accused acquitted by reason of mental. Capacity to appreciate the nature and quality of the act: appreciating the nature and quality of an act requires more than knowledge that the act is being committed. Capacity to know that the act is wrong: morally wrong, not legally wrong. If the accused cannot show the appreciation of the nature and quality of the act they could still make a defence of.
