Psych 268 Mental Illness and The Court System

"What is 'Actus Reus'?"

Refers to evidence for someone who committed a crime; Either participated or caused the criminal act

"What is 'Mens Rea'?"

Refers to the accused person intended to commit a crime and knew the reasons why their action was wrong

What does the prosecution need to establish?

Prosecution needs to establish both things (Actus Reus and Mens Rea)

"How can the defense respond to the prosecution's case?"

Defense can counteract them by offering opposing views

"What is a 'Mental Disorder' in Canada?"

An illness, disorder, or abnormal condition that impairs human mind and functioning; Does not include voluntary states caused from alcohol and drugs; Serious addictions might be responsible for some cases of mental disorders

"What is 'Fitness to Stand' trial concerned with?"

To have a fair trial; Must understand their charges and actions moving forward in the trial; What is the mental state of the accused now, at the time of the trial?

Which Criminal Code section relates to fitness to stand trial?

Criminal Code Section 2

List reasons someone might be unfit to go into trial according to the notes.

Inability to understand nature and structure of the legal proceedings; Inability to communicate with counsel and representatives; Inability to understand the consequences of their crimes

"What is the 'Limited Cognitive Capacity Test' and where was it established?"

Established by Ontario court of appeal; Can recall the events of the offense accurately; Recall in a way for your representative to put together a case; Involves recalling in detail with accuracy

"Does the accused person's decisions factor into mental fitness?"

Accused person’s decisions is not involved in mental fitness

Who can raise the issue of fitness to stand trial?

Raising the Issues of Fitness can be addressed multiple times before trial and during the trial and by either side

On what does the burden of proof depend when fitness is raised?

Burden of proof depends on who brings the claim

How is fitness to stand trial assessed?

Attorney general assigns a medical practitioner or other professional with a clinical psychology degree to conduct fitness test

"What is meant by 'Blocking out the defendants' in fitness assessment?"

Used for a quick assessment to determine fitness to participate in trial; Determine if the defense is stalling the crime; Detailed and in depth

"What is the 'Fitness Interview Fit-R'?"

Semi structure interview; Involves asking questions then having freedom to choose any more questions

What three things does the Fitness Interview Fit-R assess?

Participate in defense of the case; Understand the reasons of legal proceedings and the entire process of it; Knowledge of criminal case procedure

What response scale does the Fit-R use?

3-point scale for responses; Isn’t the only way of determining fitness

What are the three stages of the Fit-R assessment process?

Find an existing mental health disorder; Finding the accused person’s capacity of participating in defense, understanding the reasons of legal proceedings and the entire process of it, and knowledge of criminal case procedure; Analyzing previous information mentioned

Does the Fit-R use a cut off score?

No cut off score used to decisions; A holistic and coherent decision based on all factors

What is MACCAT (MacArthur Competence Assessment Tool)?

Structured interview; Involves 22 categories to assess; Tests reasoning, understanding of own legal circumstances and understanding of the legal and court system

What methods does MACCAT use in assessment?

Mainly uses hypothetical situations and scenarios; Uses 3-point scales for responses

Are most defendants fit for trial?

Most defendants are fit to stand for trial; 28% found to be unfit from more than 20,00 fitness evaluations

What happens after someone is found fit for trial?

Trial proceeds as normal after being found fit; Convicted = given a sentence; Acquitted = clear legal charges; Possible to be found not criminally responsible from mental illnesses

What happens if someone is found unfit for trial?

Reassessed within 45 days; After 90 days, it goes to review board; Review board decides whether to close the case or give more time for rehab

"What is a 'Prima Facie Case' in the context of fitness?"

A phenomenon where the Crown must present evidence of why the case must go through court every two years or if the defense brings it up

How often are cases reviewed by the review board?

Cases reviewed on annual basis by review board

What are possible outcomes for an unfit accused person?

Become hospitalized or conditionally discharged for rehab purposes

What treatments can be used to restore fitness?

Can involve different treatments: Medication, therapy or other forms of intervention; Determine estimate time to restore fitness; Benefits of the treatment outweigh the risks

"What is a 'less instructive option' to restore fitness?"

Like no medication or not keep in hospital; Prevent causing complicated issues

What combination is sometimes included to restore fitness?

Include medication and/or in court training process

How long does it usually take to become fit for trial with treatment?

Usually take 6 months to become fit for trial; Most unfit accused people become fit for trial within a year

What was the situation regarding absolute discharge before 2004?

Absolute discharge wasn’t offered before 2004

What did R v Demers establish about absolute discharge?

R v Demers: Supreme Court of Canada believed that inability of absolute discharge is a violation of rights

What does Bill C-10 provide regarding absolute discharge?

Bill C-10: A criterion of courts to determine if they need absolute discharge

Under Bill C-10, what criteria indicate the need for absolute discharge?

Accused person is unlikely to be fit for trial; Does not present danger to the public; Administrators of Justice agree and are mutually involved with making the decision