Lecture 7: Fitness to Stand Trial and Criminal Responsibility Flashcards
fitness interview test (FIT-R)
One tool for determining fitness to stand trial. The first step when using the FIT-R is to determine if the individual suffers from a mental disorder. The 3 criteria found in Section 2 of the Canadian Criminal Code are then assessed
fitness to stand trial
- Involves an assessment of the current mental condition of the accused
- The goal is to determine whether it interferes with their ability to perform legal tasks
MacCAT-CA
One tool used to assess fitness to stand trial (and fitness to plead guilty). This tool examines 3 general issues: (1) the individual’s understanding of the legal system, (2) the individual’s reasoning ability, and (3) the individual’s understanding of their own legal situation.
ALI standard
A standard for determining criminal responsibility which states that for an offender to be found not responsible they must, at the time of the crime, lack the capacity to appreciate the criminality of the act or conform their conduct to the requirements of the law.
irresistible impulse test
A standard for determining criminal responsibility, which states that for an offender to be found not responsible they must, at the time of the crime, be unable to control their behaviour.
M’Naghten standard
A standard for determining criminal responsibility which states that for an offender to be found not responsible they must, at the time of the crime, suffer from a defect of reason and must not know the nature of the act or must not understand that it was wrong.
Mental state at the time of the offence screening evaluation (MSE)
One tool for assessing criminal responsibility. It examines three areas: (1) general psychological history, (2) mental state at the time of the offence, and (3) current mental status.
NCRMD standard
A standard for determining criminal responsibility which states that for an offender to be found not responsible they must, at the time of the crime, be suffering from a disorder that rendered them incapable of appreciating the nature of the act or incapable of knowing that the act was wrong.
defining fitness to stand trial
- Is the accused able to assist in their defence?
- Does the accused understand their role in the proceedings?
- Does the accused understand the nature of the proceedings?
section 2 of the Criminal Code
Unable, on account of having a mental disorder, to understand the nature of the proceedings, understand the consequences of the proceeding, or communicate with counsel
assessment of fitness
- If fit, the trial will continue, if unfit, assessments will take place
- It can take 5-30 days for assessment orders
- Assessment will typically be conducted by a psychiatrist
treatment for people declared unfit to stand trial
- Individuals found unfit are typically held in a hospital prior to trial
- The goal is to restore the individual to fitness with as little delay as possible
- Medication is the primary form of treatment (sometimes requiring a treatment order)
- If the individual remains unfit, they are either detained in a hospital or conditionally discharged
Ted Kaczynski
- 7 bombings
- Trial in 1997
- Defence wanted unfit
- Kaczynski disagreed
- He was a paranoid schizophrenic
- He was found fit and criminally responsible
- He plea bargained and pled guilty
- 4 life sentences
problems with criminal responsibility
- Insanity is a legal concept not a medical or psychological one
- The defintion of insanity may vary from jurisdiction to jurisdiction
- Retrospective assessment has to be conducted of state of mind
defining criminal responsibility
- M’Naghten Standard
- Irresistible Impulse Test
- ALI Standard
- Guilty But Mentally Ill (GBMI)
- NCRMD (Canada)
M’Naghten Standard (Cognitive)
At the time of the crime, the defendant must suffer from a defect of reason and must not know the nature of the act or must not understand that it was wrong
Irresistible Impulse Test (Volitional)
- The accused could have the cognitive knowledge of what is right and wrong
- But, they are still not responsible if their illness results in an inability to control their behaviour
ALI Standard (Cognitive/Volitional)
Not responsible if the accused lacks the capacity to appreciate the criminality of the act or to conform their conduct to the requirements of the law
Guilty But Mentally Ill (GBMI)
- Mentally ill but also guilty of the crime
- Treatment until they are declared sane
- Prison for the same term as other offenders
NCRMD (R. v. Swain, 1991)
Not legally responsible while suffering from a disorder that rendered the person incapable of appreciating the nature of the act or incapable of knowing that the act was wrong
assessment of responsibility
- Only the defence can raise the issue unless the verdict of guilty has been handed down
- However, the prosecution can deal with the issue once the defence raises it
- Responsibility is assessed during an assessment instrument
- It can take 30-60 days for assessment orders
R-CRAS
identifies insanity across 5 topics
5 topics used in R-CRAS
- Organicity
- Psychopathology
- Cognitive control
- Behavioural control
- Reliability of the report
what is the main standard for criminal responsibility used in Canada?
M’Naghten Standard
MSE
identifies non-insanity across 3 topics
3 topics used in the MSE
- General psychological history
- Mental state at the time of the offence
- Current mental status
treatment for NCRMD
- Forensic hospital or absolute or conditional discharge
- Medication is the primary form of treatment
- If sent to a forensic hospital, the disposition time will be capped
Jeffrey Dahmer
- Trial in 1992
- Killed and dismembered 17 young men over a 10-year period
- Cannibal
- Retained body parts
- Pre- and post-mortem sexual activity
- Expert witnesses brought in (ALI)
what is the main standard for fitness used in Canada?
FIT-R
