Psychology 2990A/B Lecture Notes - Lecture 3: Mens Rea
2 Feb 2015
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Three criteria (or elements ): unable (because of mental disorder) to, understand nature and object of proceedings, understand possible consequences, communicate with counsel, three other things (in section 2), fitness assumed unless unfitness is shown on the balance of probabilities . Lower standard than beyond a reasonable doubt : party raising the issue has the burden of providing unfitness, the court accused is fit or unfit ) determines whether burden is met (whether, assessing fitness to stand trial. Court makes its own judgment: if fit to stand trial, case proceeds to trial, accused can be detained in custody if reason to believe he/she might become unfit , if unfit, proceedings are temporarily stopped, goal: restore fitness (using treatment ) Verdict infuriated public: accused can get off simply by pleading insanity? (cid:224) the criminal lunatics act (1800: anyone found ngri could be confined in mental facility for life, adopted in canada (until 1992, 2.
