Abnormal notes ch 18 - Chapter 18 Free will and criminal...

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Chapter 18 Free will and criminal responsibility o Free will: the capacity to make choices and freely act on them Results of insanity defense o Mental disability should limit criminal responsibility o Pardon v State defendant could be judged insane if they could not “avoid doing the act in question” because of mental disease durham v US an accused is not criminally responsibly if his unlawful act was the product of mental disease guilty but mentally ill if they are guilty of the crime and were mentally ill at the time, but were not legally insane at that time used in 1% if all criminal cases only 25% of defendants who offer the defense are actually found to be NGRI (not guilty by reason of insanity) Competence to stand trial o Defendants ability to understand the legal proceedings that are taking place against them and to participate in their own defense o Competence: current mental state o Insanity: defendants state of mind at the time of the crime
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