[Psychology 2990A/B] - Midterm Exam Guide - Ultimate 13 pages long Study Guide!
5 Oct 2016
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Fitness to stand trial and mental state at the time of offence. In order to receive a fair trial, people should be able to defend themselves against their accusers. Legal standards for determine fitness: prior to 1836: ability to enter a plea of guilty or not guilty. 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: r. v. pritchard (1836) charged with bestiality. Also a deaf-mute, so couldn"t enter plea; couldn"t be tried for the crime. Must have sufficient intellect to understand proceedings. Canada"a 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.
