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PSYC 3310 (29)

Psychology and the Law ch 7

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York University
PSYC 3310
Regina Schuller

The role of mental illness in courtPresumptions in canadas legal systemThere must be 2 elements present to have legal guilt 1 actus era a wrongful deedand 2 mens era criminal intentIn order to be found beyond a reasonable doubt guilty you need both elementsFitness to stand trialUnfit to stand trial when a defendant cannot conduct defense at any stage ofproceedings bc of a mental disorderCriteria for being fit includes If the defendant is mute of malice intentionality If the defendant can pled to the indictment If the defendant has enough cognitive info to understand the trial proceedings Before Bill C30 there were a lot of inconsistencies and lack of clarity with the criminalcode of canada someone who was unfit would be confined for lifeBill C30 created a fitness standard defendant is unfit if they cannot understand theproceedings of the trial understand the consequences of the proceedings or communicate with the counsel due to limited cognitive capacityFitness evaluation must be completed win five days can have extensions up to30 daysentire length of detention should not exceed 60 days evaluation can happen when the patient is in detention outpatient or inpatient facilitiesRaising the issue on fitnessThe issue can be raised at all parts of the criminal trial process including the time ofarrest The court needs to have a balance of probability to determine if someone is unfitdoes not have to have a burden that is beyond reasonable doubt Both defense and Crown can raise the issue of fitness the burden is then on the partythat raises the issue
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