PSYC39H3 Lecture Notes - Lecture 8: Relate, Mental Health Professional, Malingering
Document Summary
Psyc39 - lecture 9 - the role of metal disorder in court (fitness to stand trial) & Fitness to stand trial basic idea: fundamental justice: ppl. w/ mental disorders cognitively and emotionally impaired, may be unable to e ectively participate in a legal defence, may therefore be found guilty even if they"re innocent. Justice bonnie (1992) structured competency into two streams: ability to assist counsel, understanding charge and basic operation of criminal justice sys. ,esp. the role of the defense counsel, appreciation of one"s situation as a defendant, ability to relate imp. Info to the defense attorney: decisional competence. Inc. higher order legal decisions such as: competency to waive constitutional rights (e. g. right to a trial by jury or judge alone and to an attorney) Of proof for fitness"s balance probabilities : ppl. can uctuate throughout the day (can function normally early in the morning, but later in the day, they become fatigued)