Textbook Notes (378,302)
CA (167,125)
UTSC (19,207)
Psychology (9,979)
PSYC39H3 (204)
Chapter 8

Chapter 8 Notes

7 Pages
88 Views

Department
Psychology
Course Code
PSYC39H3
Professor
David Nussbaum

This preview shows pages 1-2. Sign up to view the full 7 pages of the document.
Chapter 8: The role of Mental illness in Court
Presumptions in Legal system: identifies 2 elements that must be present for criminal guilt
1.A wrongful deed, known as Actus Reus
2.Criminal intent, know as Mens Reus
Fitness to stand trail: if charged with crime, have to be tried fairly, have understanding of the
charges and be able to prepare defense.
Defendant deficient in these domains, due to mental illness may be unfit to stand trial:
which refers to an inability to conduct a defense at any stage due to mental disorder.
R v. Prichard 1836: considered the key case for the fitness standard. Which delineated these criteria:
Whether defendant is mute of malice (intentionality)
Whether defendant can plead to the indictment
Whether defendant has sufficient cognitive capacity to understand the trial and proceedings.
How many defendants are referred to fitness evaluations?
Approx 5000 conducted annually in Canada
Somewhere between 2% and 8% of all felony defendants referred for fitness evaluations.
Thats about 25- 38 000 defendants.
Who can assess fitness?
Traditionally only medical doctors. Canada still takes this stance, in fact they exclude
psychologists from conducting from conducting court ordered assessments, but prof says this
is not as strict as the book tells us.
Canadian psychologists, however may be involved in court ordered assessments in a number
of ways.
oMay be asked to conduct psych assessments
oSubmit assessment to psychiatrist or doctor who incorporate them into report.
Fitness instruments:
Screening instruments: designed to help evaluations quickly by screening out defendants who
are competent to stand trial. More cost effective system 0-2(severe impairment), decisions
not based on cut off score
Fitness instrument Test Revised (FIT-R): developed to meet criteria outlined in criminal
code: each item probs defendant to see if they:
oUnderstand nature of object of the proceedings
oUnderstand possible consequences of the proceedings
oCan communicate with counsel
Competency Screening Test (CST): Has 22 uncompleted sentences respondent must finish.
oEx: when I go to court the lawyer will
oScored on 3 point scale: 0=low level of understanding, 2=high level of legal
understanding.
oOverall score of 20 or below= undergo more comprehensive evaluation.
Competency to Stand Trial Assessment Instrument (CAI): accompanies the CST.
o`semi structured interview assessing 13 functions corresponding to
defendants ability to participate in the criminal process on behalf of their
best interest.
oOn scale of 1(total lack of capacity for function) to 5(reflecting no
impairment) and 6(if insufficient info for function)
Interdisciplinary Fitness Interview (IFI): Semi structured interview measuring 3
areas of competency , fuctional memory, appropriateness with lawyer, and
understanding of the justice system
www.notesolution.com
Revision of the IFI (IFI-R): same but contains only 2 sections
oCurrent clinical condition
oPsycho-legal abilities
oRated on scale of 0(absent impairment) to 2(significantly impair fitness)
MacArthur Competence Assessment Tool Criminal Adjudication (MacCAT-CA):
structured interview containing 22 items that assess competence in 3 areas:
oFactual understanding of legal system
oReasoning ability
oUnderstanding of own legal situation and circumstances
assessed through hypothetical scenarios.
Scored on 0(no impairment)-2(clinically significant impairment)
Zapf et al. 1998: differentiate fit from unfit defendants, found those facing fitness evaluation to be:
Single, unemployed, and living alone.
Older females of minority group
Fewer marital resources
4 times more likely to fit criteria for psychotic disorders
Note: not all psychotic defendants are unfit, presence of psychosis not sufficient
In examining criminology variables found no significant differences between fit and unfit
How is fitness restored?
Goal of criminal justice system to restore fitness
Most common form of treatment= medication
If they have the right to refuse medications depends on capacity to make medical decisions, if
not may be imposed to take medication.
Starson v. Swayze 1999: this guy has special skill in physics without training. Has long history of
battling bipolar affect disorder. He was charged with uttering 2 death threats, and found not
criminally responsible on account of mental disorder. When proposed to get back on meds he refused
stating that after periods of medications takes him some time to climb academic ladder so appealed
to supreme court, they upheld lower courts decision that he had the capacity to refuse medical
treatment.
What happens after a finding of unfitness?
Defendant found unfit:
oReassessed for fitness 45 days later, in event that defendant becomes fit
oIf fit returned to court and proceedings resume
oIf unfit after 90 days referred to review board for assessment and disposition
oReviewed then on annual basis by review board where crown must prove that there is
sufficient evidence to bring case to trial referred to as a prima facie case every 2
years.
oFor youth found unfit, every year.
oIf becomes fit while in custody (mental facility) and reason to believe that they may
become unfit if released, will be required to remain till trial is complete.
oIf unlikely to become fit, they do not get absolute discharge
Mental state at time of offence:
Insanity: impairment of mental or emotional functioning that affects perceptions, beliefs, and
motivations at the time of the offense. In legal terms removes the responsibility of performing a
particular act cause of uncontrollable impulses and delusions.
2 primary cases in British cases have shaped current standards of insanity in Canada:
www.notesolution.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
Chapter 8: The role of Mental illness in Court Presumptions in Legal system: identifies 2 elements that must be present for criminal guilt 1. A wrongful deed, known as Actus Reus 2. Criminal intent, know as Mens Reus Fitness to stand trail: if charged with crime, have to be tried fairly, have understanding of the charges and be able to prepare defense. Defendant deficient in these domains, due to mental illness may be unfit to stand trial: which refers to an inability to conduct a defense at any stage due to mental disorder. R v. Prichard 1836: considered the key case for the fitness standard. Which delineated these criteria: Whether defendant is mute of malice (intentionality) Whether defendant can plead to the indictment Whether defendant has sufficient cognitive capacity to understand the trial and proceedings. How many defendants are referred to fitness evaluations? Approx 5000 conducted annually in Canada Somewhere between 2% and 8% of all felony defendants referred for fitness evaluations. Thats about 25- 38 000 defendants. Who can assess fitness? Traditionally only medical doctors. Canada still takes this stance, in fact they exclude psychologists from conducting from conducting court ordered assessments, but prof says this is not as strict as the book tells us. Canadian psychologists, however may be involved in court ordered assessments in a number of ways. o May be asked to conduct psych assessments o Submit assessment to psychiatrist or doctor who incorporate them into report. Fitness instruments: Screening instruments: designed to help evaluations quickly by screening out defendants who are competent to stand trial. More cost effective system 0-2(severe impairment), decisions not based on cut off score Fitness instrument Test Revised (FIT-R): developed to meet criteria outlined in criminal code: each item probs defendant to see if they: o Understand nature of object of the proceedings o Understand possible consequences of the proceedings o Can communicate with counsel Competency Screening Test (CST): Has 22 uncompleted sentences respondent must finish. o Ex: when I go to court the lawyer will o Scored on 3 point scale: 0=low level of understanding, 2=high level of legal understanding. o Overall score of 20 or below= undergo more comprehensive evaluation. Competency to Stand Trial Assessment Instrument (CAI): accompanies the CST. o semi structured interview assessing 13 functions corresponding to defendants ability to participate in the criminal process on behalf of their best interest. o On scale of 1(total lack of capacity for function) to 5(reflecting no impairment) and 6(if insufficient info for function) Interdisciplinary Fitness Interview (IFI): Semi structured interview measuring 3 areas of competency , fuctional memory, appropriateness with lawyer, and understanding of the justice system www.notesolution.com
More Less
Unlock Document


Only pages 1-2 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit