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Chapter 2

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Western University
Psychology 2990A/B
Doug Hazlewood

Part 1 Fitness to Stand Trial What does fit meanin order to have a fair trial people should be able to defend themselves against accuserIf a person is unfit they should not be tried How do you determine if a person is fit or unfitbefore 1836 a person had to be able to enter a plea reasons for not entering a pleaa person could choose not to enter a pleain this case torture was used to get a plea out of them a person could be mute by visitation of goddeaf or mute or insanein this case the person was not tried for a crimeIn 1836 R v Pritchard was charged with beasteality he wasa deaf mute visitation of god so the court decided he could not be tried for the crime Court tried to established clearer legal standardsable to enter a plea AND must have sufficient intellect to understand proceedingsCanada would use these standards for the next 156 years In 1992 canadian govt inacted bill C30changes section 2 of the criminal code and provides new fitness standards States that a person is unfit to stand trial if it can be shown that a person has A mental disorder and it interferes with the ability to conduct a defenseprovides three criteria for unfit understand nature and object of proceedings understand possible consequenses communicate with counsel cant do these things because of a mental disorder3 other things in section 2Fitness is assumed unless unfitness is shown on the balance of probability Balance of probability means that it is more probable than improbable or 51 probability this is lower than beyond a reasonable doubtparty raising the issue has the burden of proof of proving unfitness
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