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Lecture 8

PSY328H5 Lecture 8: Lecture 8
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4 Pages
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Department
Psychology
Course Code
PSY328H5
Professor
Will Huggon

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Lecture 8 - Civil and Criminal Commitment
- Bobby - Down's Syndrome - IQ below 50 - 25 yo, mental age = 5 - 6'4" and 300 pounds -
recently sexually mature (delay)- weekly grocery trip w/ his mom, groped breasts (from behind
"hug") of lady in front of him w/ erection - she pressed charges
Fitness to Stand Trial- accused indv must be protected from conviction resulting from a lack of
participation or capacity to make proper judgment - R. v. Pritchard - accused must be able to say
'this is what, why, how i did it, how i know the victim' and discuss with lawyer
1. Accused must be able to assist in their defense2. Does the accused understand their role in
the proceedings - that they are the reason everyone is there 3. Does the accused understand the
nature or object o the proceedings
S.2 CCC - unable on account of mental disorder to: - conduct a defense or instruct counsel to do
so & communicate with them - understand the nature or object of the proceedings (court)
- understand the possible consequences of the proceedings (jail etc.)- accused is presumed fit
unless court is satisfied on a balance of probabilities (more likely than not, 50/50) that they are
unfit
- the party raising the issue has the burden of proving the issue of unfitnessR. v. Taylor -
lowered the threshold for fitness - don't have to have much to be fit
- only has to be able to tell his layer facts about the offence to help lawyer properly present the
case
If unfit, there are 3 options: 1 - Conditional discharge
- minimal non-violent crimes (trespassing) - person set free, rid of charges as long as they visit
doctor often or take meds etc 2 - Detention order
- bail is denied and you are committed to a hospital for the criminally insane until found
competent
- can be oppressive - hold you against will - goal is to make them fit for trial - can be held for
longer than max. jail time 3 - Treatment order
- treated until fit to stand trial- if determined that you will never be competent, you must be
released or civil commitment proceedings are initiated
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Description
Lecture 8 Civil and Criminal Commitment Bobby Downs Syndrome IQ below 50 25 yo, mental age = 5 64 and 300 pounds recently sexually mature (delay) weekly grocery trip w his mom, groped breasts (from behind hug) of lady in front of him w erection she pressed charges Fitness to Stand Trial accused indv must be protected from conviction resulting from a lack of participation or capacity to make proper judgment R. v. Pritchard accused must be able to say this is what, why, how i did it, how i know the victim and discuss with lawyer 1. Accused must be able to assist in their defense 2. Does the accused understand their role in the proceedings that they are the reason everyone is there 3. Does the accused understand the nature or object o the proceedings S.2 CCC unable on account of mental disorder to: conduct a defense or instruct counsel to do so communicate with them understand the nature or object of the proceedings (court) understand the possible consequences of the proceedings (jail etc.) accused is presumed fit unless court is satisfied on a balance of probabilities (more likely than not, 5050) that they are unfit the party raising the issue has the burden of proving the issue of unfitness R. v. Taylor lowered the threshold for fitness dont have to have much to be fit only has to be able to tell his layer facts about the offence to help lawyer properly present the case If unfit, there are 3 options: 1 Conditional discharge minimal nonviolent crimes (trespassing) person set free, rid of charges as long as they visit doctor often or take meds etc 2 Detention order bail is denied and you are committed to a hospital for the criminally insane until found competent can be oppressive hold you against will goal is to make them fit for trial can be held for longer than max. jail time 3 Treatment order treated until fit to stand trial if determined that you will never be competent, you must be released or civil commitment proceedings are initiated
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