Psychology 2032A/B Chapter Notes - Chapter 8-15: Psychosis, Criminal Law Of Canada, Mental Disorder
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Whether the defendant is mute of malice (i. e. , intentionality) Whether the defendant can plead to the indictment. Whether the defendant has sufficient cognitive capacity to understand the trial proceedings: issue of fitness may be raised: When a defendant chooses not to be represented by counsel. Defendant"s understanding of the arrest process the nature and severity of the current charges the role of key participants: understand the possible consequences of the proceedings appreciation of personal involvement in and importance of the proceedings. Appreciation of range and nature of possible penalties and defences: communication with counsel ability to participate in defence. Defendant"s ability to relate to his or her attorney. A defendant must be found to be suffering from a defect of. A defendant must not know the nature and quality of the act he reason/disease of the mind or she is performing. Otherwise: defendant should receive an absolute discharge.