PSYC39H3 Chapter 8: Chapter 8 notes
Document Summary
Chapter 8- role of mental illness in court. fitness to stand trial- basic idea: fundamental justice. people with mental disorders are cognitively and emotionally impaired. they may be unable to effectively participate in a legal defense. they may therefore be found guilty even if they are innocent. Onus of proof is on the party raising the issue. Level of proof for fitness is balance of probabilities . in english-canadian law, two elements that must be present for criminal guilt to be established. people with mental disorders are cognitively and emotionally impaired. they may be unable to effectively participate in a legal defense. they may therefore be found guilty even if they are innocent. unfit to stand trial: refers to an inability to conduct a defense at any stage of the proceedings on account of a person"s mental disorder.
