CRM 200 Lecture Notes - Lecture 10: Mental Disorder, Insanity Defense, Not Fair
14 Dec 2015
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Includes the proof of the defence: the verdict is not a pure acquittal. May be subject to detention or release whereby a review ward usually consisting of a judge and mental health professional/s will determine if person is a danger to society. Automatism: an accused that"s committed criminal act while in a stage of unconscious behaviour or impaired consciousness that results in involuntary behaviour, leads to full acquittal. Success of this defence is very rare. Knowing that by raising this they"re taking a risk table. Putting possible verdict of ncrmd on the. This means they have to be assessed. Both defenses require accused to prove on balance of probability: more than 50%, it was probable, more probable than not. Lower standard of proof because the burden is put on the accused to prove it: generally its beyond reasonable doubt. So no less than 100% (cid:1) (cid:1) (cid:1) (cid:1)
