CRM 3311 Lecture Notes - Lecture 8: Assault, Criminal Code (Canada), Legal Education

• School: University of Ottawa
• Department: Criminology
• Course: CRM 3311
• Professor: Carolyn Gordon

Document Summary

Is there a difference between fitness to stand trial and criminal. Fitness to stand trial: mental state of the accused at the time of the trial. Ncr: mental state of the accused at the time of the alleged offence. A person could be found unfit to stand trial but held criminally responsible: or. A person could be found fit to stand trial, but not criminally responsible. Someone"s mental state can change and the process of the cjs can deteriorate ones state and they were competent during the time of the offence. During the offence, they were in a troubled state, and since the time they are now on meds and stable to stand trial. Presumption of fitness: law assumes that every accused person is fit , unless a question is raised of the assumption (speech, way they carry themselves, their behaviour, etc) and this can be taken as evidence.