Lecture 7 part 1 Flashcards
1
Q
Presumptions in Canada’s legal system
A
- Actus Reus
- Mens rea
- Must be found beyond reasonable doubt for guilty verdict to be reached
2
Q
Actus Reus
A
A wrongful deed
3
Q
Mens rea
A
Criminal intent
4
Q
Fitness to stand trial
A
- Involves assessment of current mental condition of the accused
- Goal is to determine if it interferes with their ability to perform legal tasks
5
Q
Fitness standard
A
- Whether defendant is mute of malice (intentionality)
- Whether defendant can plead to the indictment
- Whether defendant has sufficient cognitive capacity to understand proceedings
6
Q
Unfit to stand trial if unable, on account of having mental disorder, to
A
- Understand nature of proceedings
- Understand consequences of proceedings
- Communicate with counsel
7
Q
R v Taylor (1992)
A
- Best interest rule too strict for criterion
- Five day limit for fitness evaluations with provisions if necessary
- Issue of fitness may be raised at various stages of proceedings
8
Q
Who can assess fitness
A
- In Canada, only medical practitioners can conduct assessments
- Psychologists excluded
9
Q
Fitness instruments
A
- Fitness interview test revised (FIT-R)
- Competency screening test (CST)
- Competency to stand trial assessment instrument (CAI)
- Interdisciplinary fitness interview (IFI)
- MacArthur competence assessment tool-criminal adjudication (MacCAT-CA)
10
Q
Fitness interview test revised (FIT-R)
A
- Developed to meet fitness criteria outlined in Canadian criminal code
- Semi-structured interview
- Identify mental disorder
- Contains questions relating to defendant’s understanding of nature of proceedings, consequences and ability to communicate with council
- Works as a screening device
11
Q
MacArthur competence assessment tool-criminal adjudication (MacCAT-CA)
A
- Structured interview
- Fitness to plead guilty
- Fitness to go to trial
- Questions grouped in understanding legal system, reasoning ability, and understanding of own legal situation
- Works as a screening device
12
Q
Unfit to stand trial
A
- Proceedings halted until fit (reassessed within 45 days)
- Attempt to restore defendant to fitness
- If unlikely to become fit, the court can stay proceedings
13
Q
Insanity
A
- Not being of sound mind
- Being mentally deranged and irrational
- removes responsibility of performing an act because of uncontrollable impulses or delusions
14
Q
Ted Kaczynski
A
- 7 bombings
- Defence wanted unfit
- Kaczynski disagreed
- Paranoid schizophrenic
- Found fit and criminally responsible
- 4 life sentences
15
Q
Influentail cases of the insanity standard
A
- James Hadfield
- R v McNaughton
16
Q
3 elements specific to insanity defences
A
- Defendant must be suffering from a defect of reason/disease of the mind
- Must not know the nature and quality of act they are performing
- Must not know what he or she is doing wrong
17
Q
Bill C-30
A
- Insanity term changed to “not criminally responsable on account to mental disorder (NCRMD)”
- Wording of the standard was altered
- Review boards were created
18
Q
Winko v BC
A
- Supreme court stated that a defendant who is NCRMD should only be obtained if they pose a threat to society
- If no threat to society then they receive an absolute discharge
19
Q
Brian’s law
A
- Community treatment orders: requirements for people with mental illnesses who are living in the community to report to a mental health caregiver on a regular basis
- Requirement to take prescribed meds
