Liam & Sarah.  Mental illness or insanity is a complete defence that is only available where the accused can prove that they were in fact mentally incapacitated.

Slides:

Advertisements

Similar presentations

Mental State at the Time of Offense Assessments and the Insanity Defense --- Hawaii State Hospital July 7, 2010 Marvin W. Acklin, PhD, ABPP Board-certified.

Advertisements

Criminal Responsibility and Defenses

Legal Principles Essentially a test of fairness Essentially a test of fairness “It is a cardinal rule of our law that no man can be tried for a crime unless.

COMMITMENT 1. CIVIL COMMITMENT – COMMITTMENT BECAUSE OF MENTAL ILLNESS ITSELF 2. CRIMINAL COMMITMENT – COMMITMENT BECAUSE NGRI (NOT GUILTY BY REASON.

Mental State and Crime “Nature, Mr. Allnut, is what we are put in this world to rise above.” Katherine Hepburn to Humphrey Bogart, The African Queen.

Topic 10 Intoxication Topic 10 Intoxication. Topic 10 Intoxication Introduction A defendant can become intoxicated by means of alcohol or drugs or both.

Copyright ©2007 The McGraw-Hill Companies, Inc. Permission required for reproduction or display. Ethical and Legal Issues.

TWO MAIN ELEMENTS OF CRIME. Most crimes require the following two elements in order for a crime to have been committed and a person to be guilty and liable.

Criminal Law: general principles Sources of law Sources of law Common law vs. statutes Common law vs. statutes Model Penal Code Model Penal Code Felonies.

Copyright, 2000 Charles L. Feer Exemptions to Criminal Liability Capacity Mens Rea: The state of mind that accompanies the criminal act.

SUBSTANTIAL IMPAIRMENT BY ABNORMALITY OF MIND & PROVOCATION Claus & Stephanie.

O FFENDERS WITH A M ENTAL I LLNESS Molly, Campbell and Amanda.

ELEMENTS OF A CRIME CLU3M Unit 3: Criminal Law. Convicting To convict a person of a criminal offence in Canada, the Crown must usually prove that two.

The Elements of a Crime Introduction to Criminal Law – chapter 6.

Topic 12 Attempts Topic 12 Attempts. Topic 12 Attempts Introduction If a defendant fully intends to commit a crime but for some reason fails to complete.

MPC §4.01  As a result of a mental disease or defect he or she lacked substantial capacity to: –Appreciate the criminality (wrongfulness) –Conform his.

Criminal Law INTRO TO DEFENCES. What is a defence?

Elements of a Crime.  Actus Reus – “The Guilty Act” is the voluntary action, omission, or state of being that is prohibited by law  Mens Rea – “The.

The Elements of a Crime Law 120 – Intro Unit. The Elements of a Crime  Two conditions must exist for an act to be a criminal offence: actus reus and.

Inside Criminal Law.

ELEMENTS OF A CRIME An overview – Law 12 MUNDY 2007.

The Nature Of Crime Chapter 6. What Is A Crime? A crime is an act or omission of an act that is prohibited and punishable under federal statute. A crime.

WHAT IS CRIME? IT IS SENSATIONALIZE BY TV, NEWSPAPERS AND MYSTERY NOVELS. CRIMINALS CAUSE GRIEF AND SUFFERING TO THEIR VICTIMS AND COST THE TAXPAYERS BILLIONS.

 The term "automatism" describes unconscious, involuntary behaviour.  The legal rules governing the use of automatism evidence vary with the cause of.

Defences For The Accused

+ The Elements of a Crime. + Conviction In order to convict a criminal, the Crown normally needs to prove that two elements existed at the time of the.

The Elements of a Crime To convict some one of a crime the crown must prove that two elements existed.

Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. Ethical and Legal Issues.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 18 Mental Health and the Law.

Chapter 4: Inside Criminal Law. The Development of American Law Laws consist of enforceable rules governing relationships among individuals and between.

Law 12 Chapter 6.  Is the body of laws that prohibit and punish acts that injure people, property, and society as a whole.  The main purposes are to:

Psychology and the Law Civil and Criminal Commitment.

Standard Defences Criminal Trials. Mental Disorder not be held criminally responsible for breaking the law, as he or she was mentally ill at the time.

Chapter 8: Defences. What is a defence? A lawful excuse for committing an offence. Evidence that you lacked the mens rea or that you lacked the actus.

 The list of excuses to absolve oneself of criminal responsibility.  For example: "I was framed," "The devil made me do it," "I didn't know it was a.

© 2000 John Wiley & Sons, Inc. Davison and Neale: Abnormal Psychology, 8e Abnormal Psychology, Eighth Edition by Gerald C. Davison and John M. Neale Lecture.

Legal and Ethical Issues Kimberley Clow

What is going on in this picture? Be as descriptive as possible. We will look at your responses shortly.

The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor.

Obj: Understand the role of defenses in criminal law.

Chapter 1 The Pursuit of Justice Unit #1 Notes Packet.

Introduction to Forensic Psychiatry World Psychiatric Association Scientific Section Forensic Psychiatry Secretary: Prof. Birgit A. Völlm.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 18 Mental Health and the Law.

Psychiatric Defences in Criminal Law Dr Richard Furst Consultant Forensic Psychiatrist Level 8 Practice, Sydney 23 rd February 2014.

Actus Reus and Mens Rea. Actus ReusMens Rea What Do They Mean? -Means a “wrongful deed” -The physical or guilty act, omission, or state of being that.

CAPACITY TO COMMIT CRIME INSANITY DEFENSE California Criminal Law Concepts Chapter 4 1 Mike Reid LAHC.

Defences For the Accused

Topic 8 Insanity. Topic 8 Insanity Introduction In order to establish a defence on the grounds of insanity, it must be clearly proved that at the time.

Criminal Defences CLN4U. Defences Every person is entitled to present a defence at trial Every person is entitled to present a defence at trial A defence.

TWO MAIN ELEMENTS OF CRIME Page Most crimes require the following two elements in order for a crime to have been committed and a person to be.

Defences. Alibi An alibi is proof that the accused could not have committed the actus reus as they were not near the crime scene. Some alibis are better.

DEFENCES. Types of defences:  JUSTIFICATIONS  Self-defence - Criminal Code allows one to defend oneself, those under one’s protection, and one’s property.

Elements of a Crime.

Automatism Type of defence Rarely used defense. Definition Automatism is the state of acting without being aware/without control over one's muscles. In.

Criminal Law Lecture 6 Self Defence A countermeaures that involves defending oneself, one's property, or the well-being of another from harm. The use.

Defences For The Accused Adapted from Halifax Regional School Board.

The defendant may present evidence to show that (1) no criminal act was committed: –Example: he did not commit rape because he woman consented. (2) no.

Defences Insanity. Lesson Objectives I will be able to explain the meaning of the defence of insanity I will be able to distinguish between insanity and.

 Defendant may present evidence to show that › No criminal act was committed  Example: a person was carrying a gun but had a valid license › No criminal.

2.3 CRIMES AGAINST THE PERSON- MANSLAUGHTER, DEFENSIVE HOMICIDE, SERIOUS DRIVING OFFENCES AND INFANTICIDE Area of Study 2.

Bell Ringer 09/25/2013 For a proper claim of Self Defense, what three things need to be established?

Chapter 10.1 Defences.

Defences for the Accused

Criminal Defenses.

Marvin W. Acklin, PhD, ABPP

Criminal Defences CLN4U.

Forms of Defence automatism mental disorder intoxication

Actus Reus and Mens Rea.

Duress Defense Whether the standard of reasonableness is subjective or objective. Source of the threat. Whether the threat should be imminent. Whether.

Presentation transcript:

Liam & Sarah

 Mental illness or insanity is a complete defence that is only available where the accused can prove that they were in fact mentally incapacitated when they committed the offence. The defense relates to the mens rea of the accused - that they were not criminally responsible for their actions and so could not have formed the necessary mens rea. The defense of insanity is very difficult to prove but enables the accused to claim that they were not aware of, or able to comprehend, the nature or consequences of their act at the time the crime was carried out. Where the defense of mental illness succeeds, the accused may be found not guilty on the grounds of insanity.

 To establish that the accused was mentally ill so as not to be responsible according to law for [his/her] act/omission, the accused must show that, as a result of a defect of reason from a disease of the mind, [he/she] did not appreciate the nature and quality of that physical act [or that [he/she] did not know that it was wrong].  What then is meant by a “disease of the mind” which produces such a defect of reason? The law requires that the accused’s state of mind must have been one of disease, disorder or disturbance arising from some condition which may be temporary or of long standing, whether curable or incurable. Such a condition may have been caused by some physical deterioration of the brain cells, but need not necessarily be so caused.

 R v. Bobbitt 1993  Lorena Bobbitt claimed that her husband had sexual intercourse without consent  This was dismissed as there was no evidence  Later in the night Lorena went to the kitchen and grabbed a knife, and proceeded to cut off his entire penis.  Lorena was suffering from clinical depression and post traumatic stress disorder (PTSD) due to the constant sexual, verbal and physical abuse from her husband.  After seven hours of deliberation, the jury found Lorena not guilty due to insanity causing an irresistible impulse to sexually wound her husband. As a result, she could not be held liable for her actions.