Establishing guilt

Question 1

What two elements must be present for criminal guilt to be established?

Answer 1

i. Actus Reus: a wrongful deed
1. Objective component based on evidence
ii. Mens Rea: criminal intent
1. Subjective component

Question 2

What is the burden of proof used in criminal proceeding

Answer 2

Beyond a reasonable doubt

Question 3

What is the burden of proof used in civil suits?

Answer 3

Preponderance of evidence: you have more proof than the other side

Question 4

Define UST

Answer 4

i. An accused is unfit to stand trial (UST) if he is unable, due to a mental disorder, to defend himself at any point of the proceedings prior to a verdict

Question 5

UST is applied in cases where the mental disorder… (one of these three options must be present)

Answer 5

1. Prevents the ability to understand the proceedings of the trial
2. Prevents the person from understanding the possible consequences of the proceedings
3. Prevents communication with counsel

Question 6

At what point can UST be declared?

Answer 6

Any point up until the verdict

Question 7

What happens after UST is declared?

Answer 7

They remain under the authority of the review board until one of two things happens:

1. Deemed fit to stand trial
2. Charges are stayed/ withdrawn

Question 8

Because of R v. Demers, courts can issue an absolute discharge, if one of what three things occurs?

Answer 8

The defendant is…

1. Permanently disabled
2. Doesn’t pose threat to public safety
3. A stay in court proceedings is favourable

Question 9

Who can assess a UST case?

Answer 9

Any medical practitioner with a medical degree. So, not psychologists

Question 10

What is the Fitness Interview Test – Revised?

Answer 10

A test (semi-structured interview) that assesses the three criteria of discharge in the defendant

Question 11

Define NCRMD

Answer 11

If no criminal intent is established, no crime was committed. (NCRMD) –> Not Criminally Responsible on account of a Mental Disorder

Question 12

Define the McNaughton Standard criteria

Answer 12

1. The defendant must be mentally disordered at the time of the crime (required)
2. One of the following
   a. Defendant must fail to understand the nature or quality of what they have done
   b. Defendant understands act but doesn’t believe it was wrong (i.e. the voices told me to do it)

Question 13

What are the three outcomes following determination of NCRMD?

Answer 13

1. Absolute discharge
   a. Released without any restrictions
2. Conditional discharge
   a. Released with conditions
3. Sent to a psychiatric facility

Question 14

What are the five parameters tested on the Rogers Criminal Responsibility Assessment

Answer 14

1. Patient reliability
2. Organicity
3. Psychopathology
4. Cognitive control
5. Behavioral control

Question 15

In the context of the Rogers Criminal Responsibility Assessment, what is the parameter of Patient reliability?

Answer 15

Meant to detect malingering.

Will look at history of previous diagnosis and accounts from close fam/friends

Question 16

In the context of the Rogers Criminal Responsibility Assessment, what is the parameter of Organicity?

Answer 16

Meant to assess possible organic conditions like impaired brain function

Question 17

In the context of the Rogers Criminal Responsibility Assessment, what is the parameter of Psychopathology

Answer 17

Meant to assess symptoms of functional disturbance like psychiatric disorders

Question 18

In the context of the Rogers Criminal Responsibility Assessment, what is the parameter of Cognitive control?

Answer 18

Presence of hallucinations, delusions, ability to comprehend the criminality of their behavior

Question 19

In the context of the Rogers Criminal Responsibility Assessment, what is the parameter of Behavioral Control

Answer 19

Assess whether the person lacked behavioural control, was unable to change, monitor behaviour

Question 20

UST is assessed with (R-CRAS) Rogers Criminal Responsibility Assessment Scale.

Answer 20

False. (FIT-R) Fitness Interview Test Revised

Question 21

Insanity or NCRMD is assessed with FIT-R.

Answer 21

False. Assessed with R-CRAS