Legal Psch Flashcards
FItness to stand trial section?
What’s required?
Name of criteria?
A scale?
Section 2 B4 a verdict Must have mental illness Affects nature and object of proceedings Consequences of proceedings Communicate with councel McGarry Fitness interview test
R vs Taylor
Limited cognitive capacity vs analytic capacity
Paranoid lawyer who stabbed his lawyer
Found fit to stand trial despite this due to decreasing the threshold
Diff between precedence and prestige
Precedence: higher court, other provinces have to follow. Stare decisis : let the decision stand.
Prestige on provincial level. Other provinces may follow. Same province treats it like a precedence
NCR
Name of rule?
Def?
Section 16 McNaughtan rule Mental do Unable to appreciate nature and quality Or know that it was wrong After a conviction Balance of probabilities
more on NCR
The McNaughtan Trial
· 1843
· Suffered from delusions of persecution for years
· Stalked Prime Minister Sir Robert Peel for years
· Mistook Edward Drummond, (Peel’s secretary) for Peel and shot him
· Psychiatrist testified he had “monomania” which deprived him of self-control while leaving
his other faculties intact
· The verdict was: NGRI (not guilty by reason of insanity)
o Public outrage afterward
· In response, a bunch of law lords had 5 questions asked to them about the law of
insanity in England.
· To establish a defence on the ground of insanity, it must be clearly proved that, at
the time of the committing of the act, the party accused was labouring under such a
defect of reason
· From a disease of the mind
· Does not to know the nature and quality of the act he was doing
· Or if he did know, did not know he was doing what was wrong
· Lead to the Canadian Definition of Not Criminally Responsible on Account of a Mental
Disorder - CCC Section 16
· No person is criminally responsible for an act committed or an omission made while
suffering from a mental disorder that rendered the person incapable of appreciating the
nature and quality of the act or omission or of knowing that it was wrong
· Every person is presumed to suffer form a mental disorder so as to be exempt from
criminal responsibility by virtue of subsection (1), until the contrary is proved on the
balance of probabilities
· The burden of proof that an accused was suffering from a mental disorder so as to
be exempt from criminal responsibility is on the party that raises the issue
· Summary of Components of Insanity Defense
§ Criminality
§ Knowing vs appreciating
§ Irresistible impulse
§ Product of a mental illness
§
· Summary of NCR
§ Cognition
§ Nature / quality of act
§ Wrongfulness - of specific act (legal vs moral)
· Bifurcated Trial
· The crown must first prove beyond a reasonable doubt that the accused committed
the crime, THEN whether they are NCR = the Modified McNaughtan (b/c original
wording was know the nature and quality)
· Term NCR d/t a mental illness was coined in 1991 (prev
federal reporting. break confidentiality
railway or air safety
provincial reporting, break confidentiality
child abuse elder abuse driving gunshot health card fraud sexual misconduct
Priviledge vs confidentialtiy
PRiviledge= patins right to decide what happens to their info COnfidentiality= physicians' obligation to not disclose info
smith vs Jones
Supreme Court allowed psychiatrist to break confidentiality when patient threatened to kill prostitutes
s oyou are legally allowd, but ethically required (CMA, section 6) to protect.
valid consent
informed
voluntary
capable
Reibl vshughes
consent. after stroke after carotid procedure
starson vs swayze
NCR, refused Tx, incometent to refuse tx.
he appealed
court stood by patient. he got not tx
parens patrae
state’s duty tp protect patient
Tort
civil suit
negligence s a type of unintentional tort
Tx of sex offenders
SSRIs,
cyproterone (androcure, testosterone antagonist),
Provera, (-ve feedback to FSH, LH which decreases androgens)
Leuprolide (increases/agonizes GNRH, this decreases LH and FSH cuz not pulsatile),
finastride (adj)
