Fitness to Stand Trial

1
Fitness to Stand Trial

• Alberto L. Choy MD FRCPC
• Psychology 344
• Forensic Psychology
• Fall 2003
• University of Toronto, Mississauga

2
readings

• Forensic Psychology
• Lawrence S. Wrightsman
• Chapter 10 (pp. 224 - 230)
• The Criminal Code of Canada
• ss. 672.22-33

3
Outline

• Reasons for assessments of fitness
• Ways to assess fitness
• Canada definition of fitness

4
Introduction

• competency to stand trial / fitness to stand
  trial
• the ability to understand
• the ability to defend oneself
• 2-8 of felons in the USA assessed for fitness

5
History

• English common law (1763)
• allowed for (court proceedings) and execution to
  be stayed if be(came) absolutely mad
• Modern US law
• Dusky vs. United States (1960)
• but terms poorly defined - not consistent
• a mental health perspective psychosis unfit
• not a legal perspective

6
Approaches to determining fitness

• Dusky mental health perspective
• Further revisions
• context / legal perspective - specificity
• this specific crime, in these circumstances,
  with this lawyer
• Further revisions in US and Canada (less
  specific, more functional)

7
Canadian law

• R. v. Taylor (1992)
• The test to be applied in determining Ds
  ability to communicate with counsel is one of
  limited cognitive capacityIt is not necessary
  that D be able to act in his/her own best
  interests. C.C.C. s.2
• functional, not specific, less emphasis on medical

8
Canadian law

• R. v. Whittle (1994)
• D need not have analytical ability, rather the
  mental capacity of an operating mind.
• D must be capable to communicateto instruct
  counsel
• (D must) understand the function of counsel and
  that he or she may dispense with counsel even if
  it is not in Ds best interest
• We will cover essential elements of fitness later

9
Canadian law

• C.C.C. ss. 672.22 - 33
• Presumption of fitness
• Who can raise the question of fitness
• When can fitness be raised

10
Canadian law (walkthrough) (1/6)

• at any point in trial / sentencing
• (fitness is dynamic)
• detainment continues
• location of assessment of fitness
• detention setting
• courts
• hospital
• outpatient facility

11
Canadian law (walkthrough) (2/6)

• cautions and warnings
• information from (competency) evaluations may
  not be used in the issue of determining guilt
  unless the defendant raises his mental state as
  evidence at the trial or sentencing proceedings

12
Canadian law (walkthrough) (3/6)

• content of the assessment of fitness
• 1. general understanding of legal issues
• charges / phase in proceedings
• personnel in the court
• pleas available
• witnesses / oath
• potential outcomes

13
Canadian law (walkthrough) (4/6)

• 2. specific understanding of legal issues
• phase in proceedings
• outcomes of delays
• outcomes of trial
• 3. ability (to defend self)
• ability to communicate with counsel
• to direct defense

14
Canadian law (walkthrough) (5/6)

• evidence / report
• decision by the Court
• if unfit
• return
• treatment order
• likely to be fit in specified time
• benefits outweigh the risks
• the least intrusive option
• medication and/or training

15
Canadian law (walkthrough) (6/6)

• if still unfit
• Ontario Review Board - (unfit)
• Prima Facie case to be made every two years
• if becomes fit at a later time
• back to criminal proceeding

16
US law

• variable
• Illinois provisional trial

17
stats

• 2-8 of felons in the US sent for assessment
• 10-30 of those referred were found incompetent
• 11 in Canada
• other reasons for fitness assessment

18
Instruments to determine fitness

• screening instruments
• Competency Screening Test (CST)
• high false positive rate
• Competency Assessment Instrument (CAI)
• 13 items, reliability and validity to come

19
Instruments to determine fitness

• The Fitness Interview Test (FIT-R)
• Canadian
• good screening tool
• a. the nature and the object of the proceedings
  or factual knowledge of criminal procedure
• b. possible consequences of the proceedings or
  appreciate personal involvement and importance of
• c. ability to participate in the defense or
  communicate with counsel

20
Instruments to determine fitness

• The Georgia Court Competency Test (GCCT)
• visual task / pictorial representation
• reliable
• revisions
• others
• specific populations

21
Instruments to determine fitness

• MacArthur Competence Assessment Tool - Criminal
  Adjudication (MacCAT-CA)
• Understanding of Trial/charges
• appreciation relevance of information
• logic / reasoning ability / decision making
• ability to make a choice
• congruent with other psychological issues
• scenarios

22
Other issues

• Testamentary capacity
• wills, evidence
• Assessment of juveniles
• Gault (1967), USA same due process
• cognitive development
• age 14 ability to use logic
• special needs of juvenile defendants