Quote:
Originally Posted by Titan
It is important to ensure we use terms properly. He was found mentally unfit to stand trial. The basis of our system is you have to have the mens rea, or mental intent, to commit the crime, the actus reas.
If he is unfit to stand trial then he is not able to understand the charges against him and provide evidence in his own defence. Essentially that is locking him up without a trial. While many may believe he deserves that, our system says that is not right. We don't lock up kids or people with severe mental disabilities.
However, my understanding is that a mental hospital is a far greater punishment. When I was at Queens my professor was Don Stuart, he literally wrote the text on criminal law, and he said that from his experiences with mental hospitals, it was not something to be contemplated lightly for your client. It was a horrid existence. It he can not be "cured" he will not get out. Period. In essence this is indefinate detention, different from Bernardo and Olsen et al.
Any actual criminal lawyers please step in to correct any errors I may have made.
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Must've been interesting to study under Professor Stuart.
I read that Li was found "not criminally responsible." That's a bit different than being found unfit to stand trial. Being unfit to stand trial means means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel;
On the other hand no person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.
You can appreciate the nature and quality of your act and know that it is wrong when you commit the crime but when it comes time for trial be suffering from a condition that renders you unfit to stand trial. You can also be perfectly able to understand the nature and object of proceedings and be able to properly communicate with counsel at trial but be found not criminally responsible because at the time the crime occurred you were unable to appreciate the nature and consequences of your actions.