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Very Essentials of Fitness for Trial Assessment in Canada

NCJ Number
223244
Journal
Journal of Offender Rehabilitation Volume: 47 Issue: 1/2 Dated: 2008 Pages: 185-207
Author(s)
Diana Newby; Robert Faltin
Date Published
2008
Length
23 pages
Annotation
This article presents a review of issues concerning forensic referrals for fitness for trial and methods regarding basic fitness for trial evaluation.
Abstract
The article acknowledges that fitness for trial constitutes the most frequent referral to forensic assessment services in Canada, and that several approaches exist to test an individual’s capacity to stand trial competently. To be considered unfit for trial, the accused must be diagnosed with a mental disorder, and that disorder must be causing impairment on at least one of several conditions of fitness for trial, such as understanding the nature of the proceedings, the consequences of proceedings, and the ability to communicate with counsel. Methods of evaluation used in Canada are the Fitness Interview Test-Revised Edition, the Basic Fitness for Trial Test, and the Basic Fitness for Trial Test-Multiple Choice. The article recommends the reader review these tests and indicates that this type of assessment is continuing to evolve, with or without clarification from the justice system. References, appendix A-C

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