PSYC 379 Lecture 10: Week 10 – 1- Psychology 379
22 Nov 2016
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Document Summary
A foundation of criminal law is that the defendant has the right to a fair trial in which he or she understands the proceedings and is capable of participating gin his or her own defence. Defendants ae presumed fit unless the issue is raised. Questions of fitness can be raised but defence, prosecution or judge. Fitness can be raised at any time before or during trial or sentencing. If competence is returned, proceed with the trial. Inquiry every 2 years to see if change occurs. Concentration deficits: anxiety, adhd, organize brain dysfunction: difficult to follow court process and instruct counsel. Rate of thinking: increase to mania or decrease to depression. Delusions or hallucinations: presence alone is not sufficient to prove incompetency, must also interfere to think rationally. Memory deficits: amnesia can be of relevance: again, must relate back if it interferes to communicate with counsel.
