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Canada (158,169)
York University (12,353)
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PSYC 3310 (60)
Chapter 9

PSYC 3310 Chapter 9: Chapter 9

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York University
PSYC 3310
Jennifer Bazar

Chapter 9 The case of Vincent Li (guy who beheaded someone on the Greyhound) In most jurisdictions, criminal defendants must be able to understand and meaningfully participate in their defence in order to be tried Li had been diagnosed with schizophrenia Forensic psychiatrists concluded that Lis symptoms didnt impair his ability to stand trial When trial began, Lis lawyer entered a plea of Not Criminally Responsible on Account of Mental Disorder (NCRMD) meaning Li accepted offence had occurred but claimed he was unable to form the necessary intent to meet the criteria for a charge of 1 degree murder Psychiatrists testified that Li fit the criteria for someone who wasnt criminally responsible for his or her actions due to mental illness Li was sent to a mental health centre Canadian Psychiatric Review Boards Quasijudicial tribunals (less formal legal tribunals that have powers and procedures resembling those of a court of law) Responsible for overseeing and making decisions about the rights and care of individuals found unfit to stand trial or NCRMD Comprises a lawyer, medical practitioner (psychiatrist) and lay person (interest in mental health, preferably is or was a consumer of mental health services) Recommend admission to and release from care facilities and treatment A defendant found fit to stand trial may later be found NCRMD once competency has been restored (Li) Not all defendants found NCRMD will have a finding of unfit to stand trial Competency to stand trial = fit to stand trial, FST (Canada) or competency to stand trial (US) Most commonly evaluated form of competency in Canada = FST Table 9.1 Fitness to Stand Trial (FST) Have to be able to understand and appreciate what is going on at every stage of the criminal justice process Legal doctrine of incompetence originated in 17 century English common law Fitness to stand trial was critical because at that time defendants had to argue their own cases so it was essential that they demonstrate the capacity to engage in their own defence Before 1992 no criteria for determining whether a defendant was fit to stand, relied on case law Bill c30 in 1992 persons unfit to stand trial are unable on account of mental disorder to:
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