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24 Cards in this Set
- Front
- Back
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fitness to stand trial |
mental disorder says in criminal code (before a verdict) unable to: a.) understand the nature and object of proceedings b.) understand consequences c.) communicate with council |
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Rules concerning fitness assessments: |
case law says: can raise issue of mental capacity at any time |
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who can request a fitness assessment? |
defence(accused) prosecution court |
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remand for fitness assessment may not exceed 5 days unless: |
1.accused and crown agree to no longer than 30 days 2. court convinced, may authorize up to 60 days |
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what is the average remand for fitness evaluations? |
16.5 days |
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assessments should be conducted outside of custody unless |
detention necessary some offences detention assumed unless proven reason otherwise |
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FIT-R |
fitness interview test revised specially develped to meet criteria of criminal code |
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characteristics of unfit defendants |
live alone unemployed not married older females of minority groups with few marital resources 4 times more likely to meet criteria of psychotic disorder less likely substance abuse similar criminological variables |
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dispositions for unfit: |
1. hospitalization 2. absolute discharge 3. conditional discharge |
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how often must fitness be reviewed? |
once a year by review board |
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how often must crown establish prima facie |
every 2 years |
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R. v. Demmers |
led to absolute discharge it is unconstitutional to provide the option of an absolute discharge for someone never able to fit to stand trial 2004 |
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Insanity defence: |
Criminal Lunatics Act: 1800 -James Hadfield: King George M'Naghten Test (1843) -presumed sane unless -disease of mind made unable to understand nature and quality of act -or act was wrong |
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Legislative Changes |
1992: -Changed insandity of not criminally responsible on account of mental disorder -created review boards -changed wording |
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Criminal code s. 16 |
NCRMD |
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Winko v. British Columbia |
absolute discharge for NCRMD |
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Brian's law |
mental health legislative reform 2000 -community treatment order |
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report of the standing committee on justice and human rights |
reviewed mental health provisions of criminal code -education -resources -research |
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R. v. Swain |
who can raise defence of NCRMD? -defence -court -crown only if: accused mentions ti guilty verdict has been rendered |
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How long is remand for NCRMD assessment? |
30 days -actual 22.6 days outside of custody (88% are in custody) |
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Assessment tool for NCRMD |
Roger's criminal responsibility assessment scales R-CRAS |
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who decides the NCRMD dispostion |
judge review panel within 45 or 90 days status of accused must be reviewed every year |
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Dispositions of NCRMD |
absolute discharge (winko v British Columbia) conditional discharge psychiatric facility (review every 2 years) |
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Bill C-30 |
Introduced Capping -max period of disposition |
