Study Guides (390,000)
CA (150,000)
Western (10,000)
PSYCH (2,000)
Study Guide

[Psychology 2990A/B] - Midterm Exam Guide - Ultimate 13 pages long Study Guide!


Department
Psychology
Course Code
PSYCH 2990A/B
Professor
Doug Hazlewood
Study Guide
Midterm

This preview shows pages 1-3. to view the full 13 pages of the document.
Western
Psychology 2990A/B
MIDTERM EXAM
STUDY GUIDE

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

Chapter 2: Forensic Psychology in Police Investigations
Fitness to Stand Trial and Mental State at the Time of Offence
Part 1: Fitness to Stand Trial
What does “fitness” mean?
-In order to receive a fair trial, people should be able to defend themselves against their
accusers
What if a person is unfit to stand trial?
-Person should not be tried
-Q: How do we know whether a person is fit (or unfit) to stand trial?
Legal standards for determine fitness
1. Prior to 1836: “Ability to enter a plea” of guilty or not guilty
-Reasons for not entering plea:
-“mute of malice” (deliberately silent and have the ability, but choose not to enter a
plea)
-if so, it was okay to use torture to extract a plea
-“mute by visitation of God” (e.g. deaf, mute, insane, etc.)
-if so, person should not be tried
2. R. v. Pritchard (1836) — charged with bestiality. Also a deaf-mute, so couldn’t enter plea;
couldn’t be tried for the crime.
-Court establishes clear legal standard:
-able to enter a plea; and
-must have “sufficient intellect” to understand proceedings
-Canada’a fitness standard for next 156 years
3. Canada’s Bill C-30 (1992) — Revisions to Section 2 of Criminal Code
-New fitness standard:
-Person is unfit to stand trial:
-personal has a mental disorder; and
-disorder interferes with ability to conduct a defence.
-Three criteria (or elements):
-Unable because of mental disorder to:
1. Understand nature and object of proceedings;
2. Understand possible consequences of proceedings;
3. Communicate with counsel
Bill C-30 also established new Part XX.1 of Criminal Code (deals with mental disorders)
-fitness assumed unless unfitness is shown “on the balance of probabilities” (>/= 51%
probability)
-lower standard than “beyond a reasonable doubt”
!1
find more resources at oneclass.com
find more resources at oneclass.com
You're Reading a Preview

Unlock to view full version

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

-party raising issue has border of proving unfitness
-the court (judge or jury) determines whether border is met (whether accused is “fit” or “unfit”)
Assessing Fitness to Stand Trial
1. Who can make an assessment?
-Prior to 2005, only “medical doctors” could provide fitness assessments to courts (didn’t
have to be “experts” in mental disorders),
-In 2005, Part XX.1 expanded to include “other qualified professionals” (including
psychologists)
2. Another role of psychologists:
-Developing the tests that are used to assess fitness
3. How fitness is assessed:
-Show that person has a mental disorder, AND disorder interferes with 2 criteria in section 2.
-Fitness Interview Test — Revised (FIT-R)
-Revised to take into account the revised the 3 new criteria
-Therefore it has 3 sections:
1. Nature and object of proceedings. Includes:
-arrest process and specific charges;
-role of judge, prosecutor, defence attorney, and jury;
-court procedures (e.g. can disagree with witnesses who testify against him/her)
2. Consequences of proceedings. Includes:
-range and nature of penalties (e.g. being sent to prison, eligibility for parole)
3. Ability to communicate with counsel. Includes:
-can communicate facts of case to lawyers
-can plan (at least assist with) legal defence strategy
-can testify (if required)
-can manage courtroom behaviour
If they have problems with even just one or two of these sections, it may be enough to not be
able to stand trial.
FIT-R does not assess whether accused has a mental disorder (other tests are used for that
purpose, e.g. DSM-V)
What happens after a fitness assessment?
-Assessment report is submitted to court
-Court makes its own judgment of fitness (often court agrees, but it is not guaranteed)
-If accused is determined to be fit to stand trial, case proceeds to trial
-accused can be detained in custody if reason to believe he/she might become “unfit”
-If accused is determined to be unfit to stand trial, case is temporally stopped
-Goal is to restore fitness (using some form of “treatment”)
-In Canada, usual treatment was medication to control mental disorder (esp. pre-2005)
-Since 2005, psychological treatments are more common to achieve the criteria of fitness
-How long can this go on?
!2
find more resources at oneclass.com
find more resources at oneclass.com
You're Reading a Preview

Unlock to view full version