Health Sciences 3101A/B Lecture Notes - Lecture 5: Mental Disorder, Dangerous Offender
9 Dec 2016
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Chapter v: mental health, criminal justice and civil commitment. If an accused is found unfit, they may be detained and treated without their consent for up to 60 days to become fit to stand trial. If still unfit after 60 days, the trial will be stayed and person detained in psych facility. If the accused becomes fit after 60 days, the criminal proceedings will continue as if fitness was never an issue: not criminally responsible by reason of mental disorder. They raised defense of insanity and at trial the jury rejected defense of insanity. They defense said they had a paranoid psychosis; they knew the nature of the act and they knew it was legally wrong but they didn"t know it was morally wrong. This was rejected at trial and found guilty. They appealed to court rejected argument and said they new the nature and legally wrong therefore defense doesn"t apply.
