Test 1 Flashcards
Abnormal Behavior is…
Maladaptive
Maladaptive definition
Context, Culture & Age are key elements to take into account
Deviant
Distress & Danger
Dysfunction
Deviant definition
Statistically deviant
Cultural relativism- Behavior is significantly different from socially accepted norms
Negative Connotation
ex- Heroin Use
Distress & Danger definition
Internal feelings of discomfort, upset, and anxiety for this person or others in contact with them
Negative feelings lead to distress- Lead to either self harm of harm of others
May lead to impairments
Dysfunction
Inability to function and cope with everyday demands
DSM-5 Disadvantages
- Overdiagnosis
- Labeling - Excuses for damaging behv., label sticks
- Inclusion of everyday problems- “Minor Neurocognitive Disorders”
- Illusion of objectivity- BF 1972, Homosexuality= In DSM-5
Actus Reus
Guilty Act- Anything that is in the Criminal Code
Mens Rea
Guilty Mind- Intent with which the defendant acted & Committing the act out of free will
Motive
Reason the defendant committed the crime
Homicide- 1st Degree Def + Sentencing
Def: Intentional, Pre-Meditated, Deliberate
Sentencing: Min. Sentence is life in prison (25yrs) w/out parole for 25yrs
Have to Report to parole officer for life.
Sentence stacks- Multiple murders= Multiple life charges
Homicide- 2nd Degree Def + Sentencing
Def: Intentional, Deliberate, Not Pre-Meditated (Any murder that is not 1st Degree)
Sentencing: Life in prison w possibility of parole after 10-25 yrs
Report to parole officer for life
Manslaughter Def + Sentencing
Def: Not Intentional, Not Planned, Not Deliberate (Any Culpable Homicide that’s not Murder/Infanticide)
Sentencing: No Min. Sentence, Max.: Life
If there is a gun involved- Min.: 4 yrs
Accidental deaths are usually 2 yrs sentencing
Manslaughter- Unlawful Act
One causes the death of another by means of unlawful act, but did not have the intent to kill
Manslaughter- Criminal Negligence
One’s act/omission qualified as a “marked departure” from the standard of behavior expected of a reasonable person in the same circumstances. The death/harm done was a foreseeable consequence of the defendant’s act.
Reasonable Person Test
” “: Average IQ
Could “ “ Foresee the death of the victim as a possibility?
IF YES = GUILTY
R.v Tutton
Religious Family that believed in Faith Healing
Son aged 5 has diabetes- To survive: Insulin
MS. Tutton believes her son has healed due to Religious dream-> Stops giving insulin to her son which results in his death
Murder Reduced to Manslaughter
“Dismished Responsibility”
Provocation OR Intoxication
Provocation: Two-Fold Test
- An Ordinary Person would have reacted the same way
- No Cool Down Period
Ordinary Person Def
Relevant and Similar traits to offender
ex.: Gender, SES, Marital status
Impaired Driving causing Death Def
Operating a motor vehicle while the ability to do so is impaired by alcohol or drugs causing death
Standard of Burden of Proof - Level of Proof def + 2 ways
How convinced one must be that something is true In Canada
1. Balance of Probability- 51% convinced
2. Beyond a Reasonable Doubt- 90% convinced
Court Evidence
- Hearsay - 3rd party/Gossip
- Character Evidence - witness to character, family, friends…
- Circumstantial - Places the accused at the scene of the crime
- Direct Evidence - DNA, weapon, contract, eye witness
R.v O.J Simpson
NO DIRECT EVIDENCE - No DNA evidence, No witness, No weapon = Not BARD- Jury not 90% convinced of guilty verdict
In Civil Court, found Guilty, due to Balance of Probability (51%) met
Defense - Necessity
Pressure applied by a situation
Criminal act had to be committed for the greater good
Danger caused by forces of nature or human conducts other than intentional threats of bodily harm.
Ex.: Breaks into house to put our fire, Baby/Dog in a car on a hot day
Defense - Mistake of Fact
Misinterpretation of a fact
Has Actus Reus, but lacks Mens Rea
A Reasonable person would make the same mistake
R.v Beaver
2 Brothers who are broke, Beaver 2 proposes to deal drugs, which Beaver 1 refuses to do.
B2 Propose to deal “fake” heroin, which B1 accepts
B1 sells the heroin to an undercover cop and is arrested for possession and traffic of drug.
Due to the fact he thought he was selling fake heroin, only charged with traffic.
Not possession because it was a Mistake of Fact
Defense- Age
Under age 12- No Mens Rea = No possible Criminal Charges
YCJA covers 12-17
14-17 may be tried and/or sentenced as adults
Parents/Supervisors may be charged/trialed
Insanity Plea
NCRMD and NGRI
NCRMD
Not Criminally Responsible on account of mental Disorder
NOT GUILTY PLEA
Actus Reus, but no Mens Rea
In Canada
To win plea - Legal test must be passed (M’N)
NGRI
Not Guilty by Reason of Insanity
USA
Test- M’N and ALI
M’Naghten Rule
Defendant’s state of mind during the crime
To Win-> 1+2 (A or B)
1. Disease of Mind (in DSM-5)
2A. Did NOT Appreciate the quality of the act (consequences)
2B. Did NOT Understand that the act was WRONG
Levels of Proof - Balance of Prob.(51%) for both criterias
NCRMD Plea Won
- If the defendant is not a threat to society - Charges are dropped
- Conditional Discharge - Go home with conditions for a certain amount of time
- If the defendant is a threat to society - Sent to a Mental Institution and is only release once they are well again
FST
Fitness to Stand Trial
The defendant’s state of mind when the trial begins
FST Criterias
- Rational understanding of charges and the proceeding of the trial
- Understand possible consequences of proceeding
- Ability to communicate with their lawyer
Fitness Test
- Mental Disorder Present
- Clinical Interview
UST
Unfit to Stand Trial
If one criteria of FST is missing -> UST
And the trial is postponed
