CRM/LAW C160 Lecture Notes - Lecture 8: Malice Aforethought, Pedophilia, Posttraumatic Stress Disorder
8 Dec 2017
School
Department
Course
Professor
Document Summary
You can"t be convicted of a crime unless there is both actus reus and mens. )nsanity claim: ) don"t have mens rea. 2 groups that generally lack mens rea: rea. Children ( < 7 always & sometimes 7-14) If convicted, go to prison; if found not guilty, go home; if found not guilty by reason of insanity, go to hospital. Suffers from a mental disorder at the time of the offense. The criminal act was (cid:498)caused(cid:499) by the mental disorder (cid:523)(cid:498)but for(cid:499)(cid:524) The link between the disorder and the behavior must be of a specific type prescribed in the legal test: m" naghten test. At the time of the committing of the act, party accused was laboring under undeterable. (cid:498))rresponsible and uncontrollable impulse to commit the offense, even if he remained able to understand the nature of the offense and its wrongfulness(cid:499) Known as the (cid:498)policeman at the elbow test(cid:499), because the person is.
