Psychology 2990A/B Lecture Notes - Lecture 3: Actus Reus, Mental Disorder, Zoophilia
6 Apr 2016
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Person should not be tried: how do we know whether a person is fit (or unfit) to stand trial, legal standards for determining fitness, prior to 1836: ability to enter a plea . If so, can use torture to extract a plea. Mute by visitation of god (e. g. deaf, mute, insane) If so, person should not be tried: r. v. pritchard (1836): charged with bestiality. Also a deaf-mute so couldn"t enter plea; couldn"t be tried for the crime. Must have sufficient intellect to understand proceedings. Canada"s fitness standard for next 156 years: canada"s bill c 30 (1992): revisions to section 2 of criminal code. New fitness standard: states that a person is unfit to stand trial if: Disorder interferes with ability to conduct a defense. Unable (b/c of mental disorder) to: understand nature and object of proceedings, understanding possible consequences, communicate with counsel.
