Psychology 2032A/B Lecture Notes - Lecture 8: Psychopathy, Insanity Defense, Psychosis

• School: Western University
• Department: Psychology
• Course: Psychology 2032A/B
• Professor: John Campbell

Document Summary

Lecture 8 - assessing fitness, the not criminally. Presumptions in canada"s legal system: elements that much be present for criminal guilt, actus reus: a wrongful deed, mens rea: criminal intent, must be found beyond a reasonable doubt for a guilty verdict to be reached. Fitness standard: whether the defendant is mute of malice (intentionally, whether the defendant can plead, whether the defendant has sufficient cognitive capacity to understand proceedings. Fitness standard: unfit to stand trial if unable to, understand nature or object of proceedings, understand possible consequences of the proceedings, communicate with counsel (provide to counsel the facts of the incident) Fitness standard changes: r v. taylor (1992) specified the best interest rule was too strict a criterion. Five day limit for fitness evaluations with provisions if necessary. Issue of fitness may be raised at various stages of the proceedings.