Psychology 2990A/B Lecture Notes - Insanity Defense, Actus Reus, Mental Disorder
19 Dec 2012
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Today"s lecture: fitness to stand trial and mental state at the time of offence. To receive a fair trial, people should be able to defend themselves against their accusers. Legal standards for determining fitness: prior to 1836: ability to enter plea . If so, can use torture to extract a plea. Mute by visitation of god (e. g. , deaf, mute, insane) If so, person should not be tried: r. v. pritchard (1836): charged with beastiality. Also a deaf-mute, so couldn"t enter plea; couldn"t be tried for the crime. Court establishes clearer legal standard: able to enter a plea and, must have sufficient intellect to understand proceedings. Canada"s fitness standard for next 156 years: canada"s bill c-30 (1992): revisions to section 2 of criminal code. Disorder interferes with ability to conduct a defence. Three criteria (or elements ): understand nature and object of proceedings, understand possible consequences, communicate with counsel.
