PSYC39H3 Lecture Notes - Lecture 9: Intellectual Disability, American Law Institute, Binomial Theorem
Document Summary
Basic ideal 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. Two basic polar approaches to fitness: 1. Basic cognitive abilities only, that are relevant for the case at ahnd with help of lawyer: 2. Higher cognitive, executive function, judgement, and motivation to function. Looking to have anyone with a mental disorder functioning optimally in. Modern us legal history in this matter has had only minor influence on canadian order for them to be considered fit to the stand trial thinking (our law originated fro england) The dusky (1960) ruling mandated that the defendant understand the charge, legal proceedings against him/her and be able to assist in his or her defense. Furthermose, the defe(cid:374)da(cid:374)t"s k(cid:374)o(cid:449)ledge does (cid:374)ot ha(cid:448)e to (cid:271)e (cid:272)o(cid:373)prehe(cid:374)si(cid:448)e (cid:271)ut rather sufficient and can be taught in the case of ignorance.
