PSYCH 3CC3 Study Guide - Final Guide: Intentionality, Systematic Risk, Child Abuse
25 Oct 2017
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Document Summary
Chapter 8 role of mental illness in the legal system. 2 elements must be present for criminal guilt to be established: actus reus: a wrongful deed, mens rea: criminal intent. These elements must be found beyond a reasonable doubt. In order to be tried fairly, individuals have to have some understanding of the charges and proceedings and be able to help in preparing their defence. Unfit to stand trial: refe(cid:396)s to a defe(cid:374)da(cid:374)t"s i(cid:374)a(cid:271)ility to (cid:272)o(cid:374)du(cid:272)t a defe(cid:374)(cid:272)e at a(cid:374)y stage of the proceedings on account of a mental disorder. Degree of impairment has been difficult to pinpoint; case law was used to determine the criteria that should be met. 3 criteria re fitness standard for r vs prichard (1836): whether the defendant is mute of malice (intentionality, whether the defendant can plead to the indictment, whether the defendant has sufficient cognitive capacity to understand the trial proceedings.
