Ch8 Flashcards
What are the two elements that must be present for establishing guilt?
- Actus reus: A wrongful deed
- Mens rea: Criminal intent
Both elements must be found beyond a reasonable doubt for a guilty verdict.
What does it mean to be unfit to stand trial?
Inability to conduct a defence on account of a mental disorder
Examples include conditions such as schizophrenia.
What is the fitness standard established in R. v. Prichard (1836)?
- Whether the defendant is mute of malice
- Whether the defendant can plead to the indictment
- Whether the defendant has sufficient cognitive capacity to understand proceedings
This standard assesses the defendant’s intent and understanding.
What are the main criteria for being considered unfit to stand trial under Bill C-30 (1992)?
- Unable to understand the nature and object of proceedings
- Unable to understand possible consequences
- Unable to communicate with counsel
This includes understanding arrest processes, charges, and legal strategies.
What is the time limit for fitness evaluations under Bill C-30?
Five-day limit for evaluations (less than 60 days)
This ensures timely assessment of the defendant’s fitness.
Who in Canada is authorized to conduct court-ordered fitness assessments?
Only medical practitioners
Psychiatric or forensic experience is not required; psychologists cannot conduct these assessments.
What does the Fitness Interview Test Revised (FIT-R) assess?
- Understand nature and object of proceedings
- Understand possible consequences
- Communicate with counsel
It is developed to meet Canadian Criminal Code criteria.
What demographic characteristics are common among unfit defendants?
- Unmarried
- Unemployed
- Living alone
- Older females from minority groups
- Diagnosed with a psychotic disorder
Not all psychotic defendants are unfit.
What is the most common form of treatment for restoring fitness?
Medication
Courts may impose a treatment order, but defendants may have the right to refuse medications.
What happens to a defendant found unfit to stand trial after 90 days?
Referred to a review board
They are reviewed on an annual basis.
What is Canada’s legal standard for insanity?
Mental impairment affecting perceptions, beliefs, and motivations at the time of the offence
Insanity removes the responsibility for performing an act.
What was established in the influential case R. v. McNaughton (1843)?
Standard of insanity
The defendant must be assessed for their mental condition at the time of the offence.
What change did Bill C-30 (1992) introduce regarding the insanity defence?
Changed ‘not guilty by reason of insanity’ to ‘not criminally responsible on account of mental disorder’ (NCRMD)
It stipulates that defendants must be incapable of appreciating the nature and quality of their actions.
What are the three possible dispositions for a defendant found NCRMD?
- Absolute discharge
- Conditional discharge
- Detention in a psychiatric facility
Dispositions can be reviewed and changed by the board.
What does the concept of ‘capping’ introduced by Bill C-30 refer to?
Maximum period a person can be impacted by their disposition
This ensures that the duration of impact is limited.
