3 Competency Flashcards
In Canada, what is competence referred to?
Fitness to stand trial.
What does competence refer to?
Refers to the defendant’s ability to function knowingly and meaningfully in a legal proceeding. This includes:
- Waiving Miranda rights
- Execution
- Pleading guilty
- Waiving counsel
- Standing trial
By pleading guilty, what constitutional rights do they waive?
- The right to jury by trial
- The right to confront their accusers
- The right to call favourable witnesses
- The right to remain silent
The Supreme Court decided that waiving such important rights must be done how?
- Knowingly
- Intelligently
- Voluntarily
What are the four underlying principles?
1) To safeguard the accuracy of any criminal adjudication.
2) To guarantee a fair trial.
3) To preserve the dignity and integrity of the legal process
4) to be certain that the defendant, if found guilty, knows why he or
she is being punished
What is the standard for competency?
- Whether one has sufficient ability to consult with a lawyer with a reasonable degree of understanding.
- One has a rational, factual understanding of the proceedings against him.
If you are incompetent, you are unable…?
- To conduct a defence at any stage of the proceeding or to instruct counsel to do so, and are unable on account of mental disorder to:
- Understand the nature or object of the proceedings
- Understand the possible consequences of the proceedings
- Communicate with counsel
The mere presence of severe psychopathology is only a threshold issue, it’s not enough to be deemed incompetent, it must…?
- Be demonstrated that such severe disturbance in the defendant.
- Results in the defendant being unable to assist the attorney or to comprehend the nature of the proceedings and their likely outcome.
Who may request an assessment to be done?
- The court (the judge)
- The accused
- The prosecution (if the accused states there is a mental issue or
if the Crown has reasonable grounds.)
When can question of the defendant’s competence be raised?
At any point in the criminal process. Once the question of incompetence is raised, the judge will typically order an evaluation.
Assessments should be conducted outside of custody unless…?
- The court is convinced detention is necessary
- or the accused can show why they should not be detained
- Evaluations can take place in a jail, outpatient clinic or an
inpatient facility.
What is measured in a competency evaluation? (two components)
- Foundational competence
2. Decisional competence
What is meant by ‘the defence bears the burden of proof?’
The defendant has to show it was more likely than not that he or she was incompetent.
What is the result of a competency evaluation? (2)
- Fit to stand trial
- Unfit to stand trial
What happens in the court if you’re deemed unfit to stand trial?
- Set aside plea; trial is postponed
- Dismiss the jury
- The charges are sometimes dropped (if minor) in exchange for
the defendant to receive treatment.
What happens if you are unfit to stand trial?
- Court may make an order to refer it to a board for results
- Fitness must be reviewed every year
- Crown must establish that it has a prima facie case every 2 years
- Accused may request a hearing at any time
- Options are conditional discharge or hospitalization
What happens to YOU if you are found to be unfit to stand trial?
- Typically hospitalization
- May treat you against will
- Goal is to restore your fitness
- Can’t be held for more than a reasonable period of time.
- If you are never deemed competent, you are held until you are not
a danger to society.
What is the most effective treatment if you are found unfit to stand trial?
Drug therapy and training.
Can you force someone to take treatment against their will?
The mental health law is under provincial jurisdiction. This means in some provinces you can, others you cant.
