Textbook Notes (363,328)
Canada (158,336)
Psychology (9,573)
PSYC39H3 (201)
Chapter 8

Chapter 8 Notes

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University of Toronto Scarborough
David Nussbaum

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
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