Fitness to stand /insanity Flashcards
In order to cr considered fit to stand trial. The defendant must (2) points
Be able to understand and appreciate the charges against them.
Be able to prepare for their defence
Two elements that must be present for s criminal guilt to be considered is
Acts Reus
Mens rea
Refers to an inability to conduct a defese at any stage of the proceedings on account of a persons mental disorder is a definition of what ?
Unfit to stand trial
What bill was established in 1992 to determined a “fitness standard”?
Bill c-30
A deaf is unfit to stand trial if (4)
Unable on account of a mental disorder to conduct a defence at the time of trial
Understand the nature or object of the proceedings
Undertsnad the possible consequences of the proceedings
Unable to communicate with counsel
The burden of proving unfitness is on __________?
The party who raises the issue
Only __________ have been allowed to conduct court ordered assessments of such aspects as fitness to stand trials and criminal responsibilities
Medical practitioners
Psychologists may be asked to conduct psychological testing and to assist with the assessment of defendants who are referred for evaluation
True\false?
True
What fitness instrument was developed to meet the ‘fitness critriea’ outlined in the criminal code?
FIT-R( fitness interview test revised)
Semi structured interview
What are the three sections that the Evaluator of administering s fitR test is probing for?
Undertstanding the nature or objects of the proceedings
- understanding of the arrest
- factual knowledge of criminal proceedings
Understanding the possible consequences of the proceedings
* appreciation of personal involvement in and importance of the
proceedings
Communicate with counsel
- ability to participate in defence
- ability to communicate facts
What was a key case that changed the fitness to stand critriea??
R.v. Prichard
What are the 3 criteria were delineated in the Prichard case?
Weather the defendant is mute of malice(intentionally)
Weather the defendant can plead to the indictment
Weather the defendant has sufficient cognitive capacity to understand the trial proceedings
* sparked the making and passing of bill c-30*
On of the issues altered with bill c-30 was the length of time a defendant could be held in custody for a fitness evaluation
True/false
True
With the bill c-30, in terms of time length a defendant could be held in custody for a fitness evaluation, a _____ day limit on court-ordered assessment was legislated
If granted an extension it cannot exceed ____days and the entire length of detention should not exceed ___days
5 days
30days
60days
Other than the fitR, what are some other types of fitness instruments ?
Competency screening test (CST)
Compencenty to stand trial assessment instrument(CAI)
Interdisciplinary fitness interview (IFI)
Mac author competence assessment tool-criminal adjudication (MacCAT-CA)
When a defendant is found unfit to stand trial, the goal of the criminal justice system is to _________
Get the defendant fit
** the most common form of treatment is medication***
In examining demographic variables, it was found that unfit offenders tend to be (personality traits)??
Single
Unemployed
Living alone
The proceedings against a defendant that is found unfit to stand trial are halted until______ is restored
Competency
For unfit defendants in Canada, a judge may order that the defendant be detained in a hospital or that the defendant be conditionally discharged. The defenfant is reassessed for fitness within _____days
In the event that the defendant remains unfit after ___days he or she is referred to a review board for assessment and disposition
If the court determines that _______evidence is no longer available to prosecute the case, the case is dropped and the defendant is found no guilty
45 days
90days
Sufficient
What court case was responsible for the admendment of absolute charges not being issued to defendants that are unlikely to be fit and subsequently passed bill C-10
R . V. Demers
** a court now has at hourly to stay the proceedings for a defendant, only courts have this power***
Bill c-10 outlined the following when considering an absolute discharge to an unfit defendant
(3)
The accused is unlikely to ever become fit
The accused does not pose a significant threat to the safety of the public
A stay of proceedings is in the interests of the proper administration of justice
Impairment of mental or emotional functioning that affects perceptions, believes, and motivations at the time of the offence is a definition of what?
Insanity
What are the two British cases that have shaped the current standard for insanity in Canada?
James hadfield
- tried to assassinate king George 11, out of touch with reality
- established the criminal lunatics act
Daniel mcNaughton
- defendant must be found suffering from a defect of reason/ disease of the mind
- must know the nature and quality of the act performing
- must not know what he or she is doing is wrong
In 1992, bill c -30 was enacted and the following changes were made
A) The term not guilty by reason of insanity was changed to ________________
B) ____boards were created
C) canada stated that a defendant who is ———- should be detained only if he/she poses a________
A) Not criminally responsible on account of mental disorder (NCRMD)
B) Review boards
* review boards required to review each unfit and NCRMD case every year**
C) Poses a criminal threat to the public
Legal bodies mandated to oversee the care and disposition of defendants found unfit and/or not criminally responsible on account of a mental disorder is a definition of what?
Review boards
Within Canada a defendant may raise the issue of insanity in his or her own defence. There are only two situations in which the crown may raise the issue of insanity what are they?
Following a guilty verdict
* believes the defendant is NCRMD and treatment would be for the defendants needs
If defence states defendant has a mental illness, crown could argue
** party that raises the issue must prove it beyond a balance of probabilities ***
——– is the first standardized assessment scales for criminal responsibility (assessing insanity )
R-CRAS( Rogers criminal responsibility assessment scales)
The rcras have 5 scales what are they?
Patient reliability Organicity Psychopathology Cognitive control Behavioural control
The defendant is released into the community with restrictions to his or her behaviour is the definition of what?
Absolute discharge
A defendant is released; however release carries certain conditions and
Failure to comply may result in being incarcerated or sent to a psychiatric facility
Is a definition of what ?
Conditional discharge
What three dispositions can happen to a person found NCRMD?
Absolute discharge
Conditional discharged
Annual review board evaluation
Notion introduced through I’ll c-30 where there is a maximum period of time a person with a mental illness could be affected by his or her disposition is a definition of what?
Capping
What is the 4 main things a review board must consider when Deciding on a disposition?
Public safety
Mental state of the defendant
Reintegration into society
Other needs of the defendant
Unconscious, involuntary behaviour such that the person committing the act is not aware what he or she is doing is a definition of what ?
Automatism
The Supreme Court of Canada stated that there are two forms of automatism what are they ?
Insane
* an involuntary action that occurs because of a mental disorder***
Non insane
* involuntary behaviour that occurs because of an external factor***
In a case of automatism, if the judge ruled that the defendant was suffering from insane automatism, the case would proceed as a ———–case
NCRMD
What are some of the recognized defences for nonisane automatistim
Sleepwalking
Carbon monioxide poising
Involuntary intoxication
Hypoglycaemia
What is a big difference between NRCMD and automatism, in terms of dispositions
NCRMD verdicts may result in defendant being sent to a mental health facility whearas a successful non insane automatism verdict means that the defendant is found not guilty and then is released without conditions
Intoxication is recognized as a defence for violent crimes
True/ false
False. Is not recognized as a defence for violent crimes
Where are some of the places that mentally disordered offenders can receive treatment ?
Psychiatric facility
General hospitals
Assisted housing units
Those who experience active psychotic symptoms such as delusions and hallucinations what type of treatments are provided ?
Antipsychotic drugs
Behaviour therapy
Sentence that allows the mentally ill offender to live in the community, with the stipulation that the person will agree to treatment or detention in the event of his or her condition deteriorates is a definition of what?
Community treatment order
A decision not to prosecute, but rather have him or her undergo an educational or community-service program. Also an option for the courts dealing with offenders with mental illnesses who are facing minor charges. Is a definition of what?
Diversion
***Can divert the offender directly without going through whole court proceedings **
One of the main concern of mental health courts is to ensure that the defendants and offenders ——————-
Receive proper assessments and treatments
