Law 3101A/B Lecture Notes - Lecture 5: Determinative
9 Dec 2016
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Chapter 5: mental health, criminal justice and civil commitment. Collection, use, and disclosure of personal health information. Court-ordered psychiatric assessments and unfitness to stand trial. An accused may be detained and subjected to a comprehensive psychiatric assessment if there is reason to believe that he or she is currently unfit to stand trial or was mentally ill at the time of the offence. All accused are presumed to be fit, unless the defense or prosecutor proves otherwise on a balance of probabilities. An accused will be found unfit to stand trial if they are unable because of a mental illness to understand the nature or possible consequences of the proceedings, or to communicate with legal counsel. Ncr at the time of the offence, unfitness at the time of the trial. If you remain unfit to stand trial, the charges against you will stayed if the accused. Not criminally responsible by reason of mental disorder used to be called insanity.
