Mental Order Defence

Question 1

Fitness to stand trial

Answer 1

2 tests: Whether the accused understand the nature of the proceedings against him/her
whether the accused can properly instruct counsel.

Question 2

Mental disorder with verdict of not criminally responsible

Answer 2

Disease of the mind: legal concept, must be such that the accused was unable to: 1. appreciate the nature or quality of his act or 2. Understand that his act was wrong. Not legally wrong but morally wrong according to the standards of Canadian society

Question 3

Automatism

Answer 3

3 types: automatism brought on by mental disorder, non-insane automatism, voluntary intoxication that results in a state akin to automatism

Question 4

Automatism brought on by mental disorder

Answer 4

same legal test as mental disorder defence. Also means the accused may be subject to the same processes as is involved with a not criminally responsible verdict (mental institution)

Question 5

Non-insane Automatism

Answer 5

Results in an acquittal of the accused. The accused is not subject to any further justice process.

Question 6

Voluntary intoxication that results in a state akin to automatism

Answer 6

Own special rules discussed later.

Question 7

Differentiating between insanse and non-insane

Answer 7

External vs internal cause: if it is external it favors non-insane. If a cause internal to the accused was likely the trigger for the behavior it favors finding mental disorder.
Continuing danger: if the condition is such that they are likely to do it again that favors mental disorder.
Now we consider the totality of the situation including if it is easy to feign, if it would encourage frivolous defenses and policy and anything else relevant