Psychology 2032A/B Chapter Notes - Chapter 8: Risk Assessment, Mens Rea, Psychological Testing

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Presumptions in canada"s legal system: 2 elements that must be present for criminal guilt to be established, a wrongful deed actus reus , criminal intent mens rea , must both be found beyond a reasonable doubt. In the us, almost all jurisdictions limit the time a defendant may be held as unfit reasonable period of time (open to interpretation) In canada, the judge may order that the defendant be detained in a hospital or that the defendant be conditionally discharged: the defendant is reassessed for fitness within 45 days. In the event that the defendant becomes fit, he/she returns to court and the proceedings resume. If the defendant remains unfit after 90 days, he/she is referred to a review board for assessment and disposition: cases of defendants who continue to be unfit are reviewed on an annual basis by the review board. Insanity = not being of sound mind, and being mentally deranged and irrational.

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