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The defense of mental disorder and crimes against the person committed under the influence of cannabis: A Canadian perspective.

Authors :
Bernard‐Arevalo, Simon‐Pierre
Dellazizzo, Laura
Marceau, Émilie
Dumais, Alexandre
Source :
Behavioral Sciences & the Law; Mar2022, Vol. 40 Issue 2, p239-260, 22p, 1 Diagram, 1 Chart
Publication Year :
2022

Abstract

The legalization of cannabis raises many queries, one of which regards the criminal liability of users under the influence of cannabis when crimes against the person are committed. This perspective review consequently aims to examine the defense of mental disorder (also referred to as the insanity defense) in Canadian criminal law and revise court decisions involving cases with cannabis use rendered in the field between 1995 and 2021. The purpose was to specify the factors allowing Canadian criminal courts to grant or refuse the defense of mental disorder to help further operationalize the jurisprudential criteria for forensic practice. We noted that presence of a severe and persistent primary psychopathology was the most decisive factor when determining the verdict of the accused who consumed cannabis. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
07353936
Volume :
40
Issue :
2
Database :
Complementary Index
Journal :
Behavioral Sciences & the Law
Publication Type :
Academic Journal
Accession number :
157908051
Full Text :
https://doi.org/10.1002/bsl.2577