Lecture 8: Fitness to Stand trial and Criminal Responsibility Flashcards
Who are the gate keepers when someone with a mental illness commits a crime?
The police, they choose whether they send them to psychiatric emerg or court.
What is Fitness to stand trial?
Involves an assessment of the current (at the time of the trial) mental condition of the accused. Mental illness is considered to be a necessary component but it is not sufficient. Does it interfere with their ability to perform legal tasks?
What is unfit to stand trial?
refers to an inability to conduct a defence at any stage of the proceedings on account of a persons mental disorder
Questions asked when defining fitness?
Is the accused able to assist in his or her defence? (can they communicate)
Does the accused understand his or her role in in the proceedings?
Does the accused understand the nature of proceedings
What happens after someone is determine fit or unfit?
If fit, the trial will continue, if unfit assessment will take place. Can take between 5 and 30 days for assessment orders. Assessment will typically be conducted by a psychiatrist
What is the FIT-R
The fitness interview test revised. It is a semi structured interview that assesses the 3 psychological abilities stated in the code’s fitness standard: Understand the nature of proceedings, understand the consequences, and communicate with counsel. Includes a 3 point rating scale ranging from 0-2. Once the interview is complete the evaluator must make a subjective decision regarding the overall fitness of that person. Decisions are not made based on a specific cut off score.
What MacCat-CA?
It is used to try to eliminate some of the subjectivity in the FIT-R, it is a structured interview containing 22 items that assess competencies in 3 areas: Understanding of legal system, Understanding of own legal situation, Reasoning ability. These areas are assessed via hypothetical scenarios following these they are asked questions they are assigned a score of 0,1,2 based on scoring criteria. Designed to supplement not replace the clinical interview
When defendants are found unfit what is the goal of the criminal justice system?
to get the defendant fit with as little delay as possible, If individual remains unfit they are either detained in a hospital or conditionally discharged
What is the most common form of treatment for fitness?
Medication
What is 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 proceedings, or communicate with counsel
How long is a person detained in a hospital before they are reassessed?
Within 45 days. In the event that the defendant is fit, he/she returns to court and proceedings resume. If the defendant remains unfit after 90 days he/she is referred to a review board. For adults the case is reviewed every 2 years and for youth it is reviewed annually.
What is Prima facie case?
When being reviewed it is a Case in which the crown prosecutor must prove there is sufficient evidence to bring the case to trial, if the court determines that sufficient evidence is no longer available to prosecute the case, it is dropped and the defendant is found no longer guilty.
What is insanity defined as?
it is a legal concept not medical/psychological and is an impairment of mental or emotional functioning that affects perceptions, beliefs and motivations at the time of the crime (retrospective)
What is the McNaughton standard? (cognitive)
Daniel M. tried to assassinate the president, but was found not criminally responsible because he was suffering from Schizophrenia. 3 things emerged:
Must suffer from a defect of reason (mental disorder) and must not know the nature of the act or must not understand that it was wrong
What were the changes made to bill C-30 in 1992?
the term not guilty by reason of insanity was changed to not criminally responsible on account of mental disorder (NCRMD). 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. Review boards were created.
