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Over the years, questions have arised regarding the ability of psychiatrists, judges, and jurors to determine whether a person suffers from a mental disorder or not.<br>
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When Can A Defendant Win An Acquittal On Grounds Of Insanity?
Introduction Over the years, questions have arised regarding the ability of psychiatrists, judges, and jurors to determine whether a person suffers from a mental disorder or not.
Not Guilty By Reason Of Insanity The reason behind this is that neither the legal system nor psychiatrists have ever agreed on a single meaning of insanity. As far as criminal law context is concerned, various definitions are employed.
Canada’s Criminal Code Although the Canadian Criminal Code does not define insanity, it does describe how the defence of mental disorder works. The code states • Presumption • Burden of proof
Not Guilty By Reason Of Insanity If the defendant displays unusual behaviour, a judge, prosecutor, or defence attorney may ask that trial be delayed until the defendant has been examined and his/her ability to understand the proceedings is proven.
Conclusion Individuals suffering from a mental disorder are not capable of knowing or choosing right from wrong. Hence, the insanity defence prevents such individuals from being criminally punished.
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