PSYC39H3 Lecture Notes - Lecture 9: Mental Disorder, Psychopathology, Malingering
Document Summary
People with mental disorders are cognitively and emotionally impaired, because of these impariments they may be unable to effectively participate in a legal defense. They may therefore be found guilty even if they are innocent. Basic cognitive abilities only, that are relevant for the case at hand with help of lawyer. Higher cognitive, executive function, judgment, and motivation to function. Modern u. s. legal history in this matter has had minor influenced canadian thinking: the. Further(cid:373)ore, the defe(cid:374)da(cid:374)t(cid:859)s knowledge does not have to be comprehensive but rather sufficient and can be taught in the case of ignorance then they can be fit to stand trial. Justice bonnie (1992) structuring competency into two streams: (a) ability to assist counsel & (b) decisional competence. Justice bonnie (1992) structuring competency into two streams. Decisional competence includes higher order legal decisions such as: Competency to waive constitutional rights (e. g. , the right to a trial by jury or judge alone, and to an attorney.
