Forensic Psychology: Chapter 8

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What is unfitness to stand trial? When can this concern be raised?
Fitness to Stand Trial
- Unfit to stand trial: inability to conduct a defense at any stage of the proceedings on account of a person’s mental disorder
- This issue can be raised …
o When a plea is entered
o When a defendant chooses not to be represented by consul
o During sentencing
- The burden of proving unfitness is on the party who raises the issue
Under Bill C-30, a person is unfit to stand trial if one of what three criteria are present?

Also, what are the limits on court ordered assessments?
Bill C-30
- A person is unfit to stand trial if he/she cannot…
o Understand the nature or object of the proceedings
o Understand the possible consequences of the proceedings
o Communicate with consul
- Five day limit on court ordered assessments
o With provisions for extensions for up to 30 days
o Entire length of detention cannot exceed 60 days
What is the diagnostic tool used to determine fitness to stand trial in Canada?

What are two other tools to assess fitness?
Fitness Instruments
1) Interview Test Revised (FIT-R)
a. Based on the fitness criteria in the Canadian code
b. A semi structured interview
c. Responses are rated on a 3 point scale (higher = more impaired)

Other tools
- CST (22 item sentence completion)
- CAI: one hour structured interview
What factors are related to being found unfit to stand trial?
More likely to...
- Live alone
- Be psychotic
- Have been hospitalized
- Have received treatment before
- Be African American

Less likely to
- Engage in substance abuse
- Be or have been married
- Have a job
- Have committed violent crimes
What happens after finding a defendant to be unfit?
What happens after finding a defendant to be unfit?
- The proceedings are halted until competency is restored
- The defendant may be detained in a hospital
- They are reassessed in 45 days
- If they remain unfit for 90 days, they are revered to a review board for assessment and disposition
- If they remain unfit, they are re-assessed on an annual basis
o Prima facie case: in each case, the Crown must prove there is sufficient evidence to bring the case to trial
o If there isn’t enough evidence, the defendant is found ‘not guilty’
What happens if the defendant is unlikely to ever become fit?
What if the defendant is unlikely to become fit?
- Bill C-10: the court can discharge the accused if any of the following are true…
o The accused is unlikely to ever become fit
o The accused doesn’t pose a threat to the safety of the public
o A stay of proceedings is in the interest of the proper administration of justice
What is the history of the development of the insanity defence?
History of the insanity defense
- Insanity: impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence
- Criminal Lunatics Act: established in 1800, and was the first ‘insanity standard’
- Influential cases:
o James Hadfield: attempted to assassinate King George 3; however, his lawyer successfully argued he was out of touch with reality
o Daniel McNaughton: Daniel killed the secretary of the Prime Ministor in England; however, was found not guilty due to insanity
What are the three criteria of the McNaughton Verdict?
McNaughton Verdict: five criteria for the insanity defense
1. A defendant must be found to be suffering form a defect of reason/disease of the mind
2. A defendant must not know the nature and quality of the act he/she is performing
3. A defendant must not know what he/she is doing wrong

***They do NOT need to be diagnosed with a mental disorder under this criteria!***
How often is the insanity defense used? And it is successful?
How common is the insanity defence used and is successful?
- Less than 1% of all felony cases will argue an insanity defence
- Out of that 1%, only 25% of defendants who argue an insanity defence succeeed
- Defendants found NCRMD likely have a major psychiatric disorder as well as many past mental health problems
What are two scenarios in which the crown can raise the issue of insanity?
Two situations in which the crown can raise the issue of insanity
1. Following a guilty verdict, the crown can argue the defendant was NCRMD to ensure they receive treatment
2. If the defense states the defendant has a mental illness, the crown can then argue it

Describe the Robers Criminal Responsibility Assessment Scales
Rogers Criminal Responsibility Assessment Scales (R-CRAS)
1. Assesses insanity
2. Five scales
a. Patient reliability
b. Organicity
c. Psychopathology
d. Cognitive control
e. Behavioral control
3. Each scale has 30 items
4. Items are rated from 0-6
What are the three possible things that can be done when a defendant is found NCRMD?
What happens to a defendant found NCRMD
1. Absolute discharge: the defendant is realized into the community without restrictions on his or her behavior
2. Conditional discharge: a defendant is released; however, release carries certain conditions (i.e. not to possess firearms) that the defendant must meet. Failure to meet conditions may result in their being incarcerated or sent to a psychiatric facility
3. Remand to psychiatric facility
A disposition can be made by what two groups?

Dispositions

- Can be made either
o By the court, and then reviewed by a review board with the ability to be altered within 90 days
o By the review board

What information is taken into account when making a disposition?
- Information taken into account:
o Charge information
o Trial transcript
o Criminal history
o Risk assessment
o Clinical history
o Psychological testing
o Hospitals recommendation
In terms of dispositions, what is capping? What are the legal constraints and exceptions of capping?
- Capping: Bill C-30 states that there s a maximum period of time a person with a mental illness could be affected by their disposition
o E.g. disposition for a person with a mental illness who committed a violence offence is 10 years
o However, the cap can be increased by other factors