CRM 200 Lecture Notes - Lecture 8: Insanity Defense, Fetal Alcohol Spectrum Disorder, Personality Disorder
18 Oct 2017
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Lecture 8: not criminally responsible by reason of mental disorder (ncrmd) and automatism. When an accused is found unfit to stand trial: section 672. 33, is subjected to the same mental procedure to determine if they are unfit for trial. Trial effectively ends, as the accused is believed to never be fit for trial but does not pose as a danger to the general public. It was also found that the violation could be saved by section 1: the reasonable limits clause. Because it would be incredibly difficult for the crown to prove ncrd beyond a reasonable doubt: burden of proof on party that raises the issue: balance of probability. Composed of judge and 2 mental health professionals. As soon as practicable and no later than 45 days after the verdict: section 672. 54: limits paramount considerations at hearing: main thing the judge and mental health professionals will consider is safety of the public.
