Psychology 2032A/B Chapter Notes - Chapter 12: Outpatient Commitment, Insanity Defense, Behaviour Therapy
6 Jun 2018
School
Department
Course
Professor
Mental Illness in Court
Presuptios i Caada’s Legal “yste
• Elements that must 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
• Issues of fitness, automatism and mental disorders all call into question these two basic
elements of criminal law
Fitness to Stand Trial
• Fit: idiiduals harged ith a rie are epeted to uderstad the harges ad
proceedings, and help in preparing their defence
- Assumed to be fit to stand trial unless the court is satisfied on the balance of
probabilities that he/she may be unfit
- Proving unfitness is on the party who raises the issue
• Ufit to stad trial: a iailit to odut a defee at any stage of the proceedings
on account of a mental disorder
- R. v. Balliram – concluded that an unfit person could not be sentenced
• Once an accused is found unfit, they are diverted to a provincial or territorial Review
Board composed of approximately 5 members
- 1 judge and at least 1 member associated with psychiatry
R. v. Prichard (1836)
• Fitness standard includes:
- Whether the defendant is mute of malice (ex. Intentionally)
- Whether the defendant can plead to the indictment
- Whether the defendant has sufficient cognitive capacity to understand proceedings
Fitness Standard – Bill C-30
• Before this bill:
- The federal department of Justice acknowledged a number of problems with the
mental disorder provisions of the Criminal Code of Canada
o Inconsistencies, omissions, lack of clarity and guidance
- Issues regarding the compatibility of these provisions with the Canadian Charter
• Unfit to stand trial if unable to:
- Understand nature or object of proceedings
- Understand possible consequences of the proceedings
- Communicate with counsel
Fitness Standard Changes
• ‘. . Talor speified the est iterest rule as too strit a riterio
- Couiatio ith ousel: ased o liited ogitie ailit
find more resources at oneclass.com
find more resources at oneclass.com
o The defendant need only to state the facts relating to the offence that would
allow appropriate defence
▪ Defendant need not be able to communicate facts that are in their
best interest
• Five-day limit for fitness evaluations with provisions, if necessary
- The extension should not be longer than 30 days
- The entire length of detention should not exceed 60 days
• Issue of fitness may be raised at various stages of the proceedings
- When plea is entered, when a defendant chooses not to be represented by counsel
and during sentencing
• Roesch et al → the average length was 3 weeks and 88% occurred in in-patient facilities
• Mental health law (commitment and treatment) is under provincial/territorial
jurisdiction
How Common is Unfit Status?
Jurisdiction
Number of Accused Ruled Unfit
PEI
4
Quebec
399
Ontario
1151
Alberta
94
BC
216
Nunavut
2
Yukon
10
• 5000 fitness evaluations are conducted annually in Canada
• 61% of a sample from a remand facility in BC underwent fitness evaluations
- 24% were held for assessments of both fitness and criminal responsibility
• US → 2%-8% of all felony defendants are referred for fitness evaluations
Who Can Assess Fitness?
• In Canada only medical practitioners can conduct assessments or those designated by
the Attorney General as qualified to conduct an assessment
- Psychiatric or forensic experience is not required
• Psychologists are excluded from conducting court appointed assessments
- All but 6 US states allow psychologists to conduct fitness and criminal responsibility
evaluations
• Psychologists may be asked to conduct testing and assist with the assessment of
defendants
- They submit their results which are incorporated into court
Fitness Instruments
• Comprehensive fitness assessments are reserved for those ho are sreeed i
• Long stays in mental facilities were unnecessary for most fitness decisions
find more resources at oneclass.com
find more resources at oneclass.com
- These decisions could be made by using a screening instrument (more cost-
effective)
• Fitness Interview Test Revised (FIT-R; Roesch et al., 1998)
- Developed to meet the fitness criteria outlined in the Canadian Criminal Code
- Semi-structured interview and assesses 3 psychological abilities
o (1) Understand the nature or object of the proceedings, (2) understand the
possible consequences of the proceedings and (3) communicate with counsel
- Each response is rated on a 3-point scale (0 – no to little impairment to 2 – severe
impairment)
- The interviewer makes the final decisions, which involves 3 stages:
o Determining the existence of a mental disorder
o Deteriig the defedats apait regardig eah of the pshologial
abilities
o Examining the previous information
- Decisions not based on a specific cut-off score → constitute a separate judgement
based on the severity of impairment and its perceived importance
• Competency Screening Test (CST)
- 22 uncompleted sentences that the respondent must finish
- Uses a 3-point scale (0-2) and measures 3 constructs:
o The potential for a constructive relationship between the defendant and his
lawyer
o The defedats uderstadig of the ourt proess
o The ability of the defendant to emotionally cope with the criminal process
- The laer told Bill that he is guilt = sore of
- The laer told Bill that he should plead guilt = sore of
- CST score and an interview determine if one should undergo more testing
- A score of 20 or below suggests the defendant should undergo more evaluations
• Competency to Stand Trial Assessment Instrument (CAI)
- Accompanies CST → it is semi-structured interview
- Assesses futios orrespodig to a defedats ailit to partiipate i the
criminal process on behalf of his/her best interest
o Each function is represented in a statement with 2-3 sample questions that
the evaluator may pose to the defendant
o Follow up questions can be asked if response is unclear
- Uses a scale from 1 (reflecting total lack of capacity for function) to 5 (reflecting no
impairment)
o Score of 6 can be given when there is insufficient information
• Interdisciplinary Fitness Interview (IFI)
- Developed following an analysis of the CAI → semi-structured interview measuring 3
areas of competency:
o Functional memory
o Appropriate relationship with lawyer
o Understanding the justice system
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Presu(cid:373)ptio(cid:374)s i(cid:374) ca(cid:374)ada"s legal yste(cid:373: elements that must be present for criminal guilt: Mens rea: criminal intent: must be found beyond a reasonable doubt for a guilty verdict to be reached. Issues of fitness, automatism and mental disorders all call into question these two basic elements of criminal law. Fitness to stand trial: (cid:862)fit(cid:863): i(cid:374)di(cid:448)iduals (cid:272)harged (cid:449)ith a (cid:272)ri(cid:373)e are e(cid:454)pe(cid:272)ted to u(cid:374)dersta(cid:374)d the (cid:272)harges a(cid:374)d proceedings, and help in preparing their defence. Assumed to be fit to stand trial unless the court is satisfied on the balance of probabilities that he/she may be unfit. Proving unfitness is on the party who raises the issue: (cid:862)u(cid:374)fit to sta(cid:374)d trial(cid:863): a(cid:374) i(cid:374)a(cid:271)ilit(cid:455) to (cid:272)o(cid:374)du(cid:272)t a defe(cid:374)(cid:272)e at any stage of the proceedings on account of a mental disorder. R. v. balliram concluded that an unfit person could not be sentenced: once an accused is found unfit, they are diverted to a provincial or territorial review.
