PSYC 3020 Chapter Notes - Chapter 8: Actus Reus, Mental Disorder, Insanity Defense
18 Mar 2017
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Document Summary
The cornerstone of english-canadian law identifies two elements that must be present for criminal guilt to be established: Unfit to stand trial: defendant"s inability to conduct a defense at any stage of the proceedings on account of a mental disorder. Whether the defendant is mute of malice. Whether the defendant can plead to the indictment. Whether the defendant has sufficient cognitive capacity to understand trial proceedings. 5 day limit held in custody but cannot exceed 30. The evaluation can occur during detention, outpatient or in patient facility. Ccoc states that a defendant is assumed to be fit to stand trial unless the course is satisfied on the balance of probabilities that he or she is unfit. Approximately 5000 assessments are done annually in canada. Traditionally, only medical doctors have been allowed to conduct court-ordered assessments of must aspects as fitness to stand trial and criminal responsibility. They do not need any background in psychiatry or experience with forensic populations.
