Psychology 2990A/B Lecture Notes - Lecture 3: Insanity Defense, James Hadfield, Actus Reus
19 Sep 2016
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Fitness to stand trial & mental state at the time of offence: How do we know whether a person is fit (or unfit) to stand trial: legal standards for determining fitness, prior to 1836: ability to enter a plea . Mute of malice (deliberately silent): if so, can use torture to extract a plea. Mute by visitation of god (e. g. deaf, mute, insane): if so, person should not be tried, r. vs. pritchard (1836): charged with bestiality. Also a deaf-mute so couldn"t enter plea; couldn"t be tried for the crime. Accused must be able to enter a plea, and. Must have sufficient intellect to understand proceedings: canada"s fitness standard for next 156 years, canada"s bill c-30 (1992): revisions to section 2 of criminal code. Person is unfit to stand trial if: Disorder interferes with ability to conduct a defence. Unable (b/c of mental disorder) to: understand nature and object of proceedings, understand possible consequences, communicate with counsel.
