Chapter 8 - The role of mental illness in court Flashcards
Elements that must be present for criminal guilt
- Actus reus
- Mens rea
- Must be found beyond a reasonable doubt for guilty verdict to be reached
Unfit to stand trial
An inability to conduct a defence at any stage of the proceedings on account of a mental disorder.
Fitness stand
- Whether defendant is mute of malice (intentionality)
- Whether the defendant can plead to the indictment
- Whether the defendant has sufficient cognitive capacity to understand proceedings
Fitness Standard
- Understand the nature or object of the proceedings
- Understand the possible consequences of the proceedings
- Being able to communicate with counsel
Characteristics of Unfit Defendants
- Unemployed and living alone
- Never married
- Older females belonging to a minority group with fewer marital resources
- 4 times more likely to meet criteria for a psychotic disorder
- Less likely to have substance abuse problems
When someone is deemed unfit to stand trial:
- Proceedings are halted until defendant is deemed fit
(usually 45 days after)
-Attempt to restore defendant’s fitness
(most common method is through medication)
-If the person is still unfit, the court can stay proceedings according to Bill-10
Bill C-10
Court can stay proceedings if:
- Accused is unlikely to ever become fit
- Accused does not pose a significant threat to safety of the public
- It is in the interests of the proper administration of justice
Mental State At Time of Offence
- Insanity: is not being sound of mind, and being mentally deranged and irrational.
- Legally speaking, insanity removes responsibility of performing an act because of uncontrollable impulses and delusions
Legislative Changes ( Bill C-30) 1992
Insanity term was changed to “ not criminally responsible on account of mental disorder” (NCRMD)
Wording of the standard was altered
Review boards were created
A Bigger change (1999)
Case: Winko v. British Columbia
- Supreme Court stated that a defendant who is NCRMD should only be detained if they pose a threat to society
- If there is no threat to society, then they should receive an absolute discharge
Raising the Issue of Insanity
Very few defendants use the insanity defence and very few succeed ( approximately 25% of those that try)
There are 2 situations in which the Crown may raise insanity:
- Following a guilty verdict
- If the defence states the defendant has a mental illness
Defendants Found NCRMD
3 Dispositions 1. Absolute discharge 2. Conditional discharge 3. Psychiatric facility Dispositions are made by the review board and they are made within 90 days.
Information useful for Review Boards
- Charge information
- Trial transcript
- Criminal history
- Risk Assessment
- Clinical history
- Psychological testing
- Hospital’s recommendation
Four main criteria when deciding a disposition
- Public safety
- Mental state of the defendant
- Reintegration of defendant into society
- Other needs of the defendant
Automatism
Definition: Unconscious, involuntary behaviour
The person committing the act is not aware of what they’re doing.
The Canadian Criminal Code does not address automatism as a defence.
2 Forms of automatism
Insane and noninsane
To address defences of automatism
- Judge decides whether evidence exists that behaviour was involuntary
- Judge decides if condition is a mental disorder or sane automatism
Defences of noninsane automatism
- A physical blow
- Physical ailments (stroke)
- Hypoglycemia(low blood sugar)
- Carbon monoxide poisoning
- Sleepwalking
- Involuntary intoxication
- Psychological blow from extraordinary external event
NCRMD vs. Automatism
Verdict outcome differs
NCRMD verdict may result in defendant being sent to mental health facility
Noninsane automatism results in a not guilty verdict
Insane automatism results in NCRMD verdict
Intoxication as a defence
Intoxication is not recognized as a defence for violent crimes
High Rates of Mental Illness
- Individuals with a mental health illness are likely arrested more often
- Individuals with a mental illness are more likely to get caught
- Individuals with a mental illness are more likely to plead guilty
Rates of Psychiatric Disorders
Substance abuse - 87% Antisocial personality disorder - 57% Affective disorder - 23% Anxiety/ somatoform disorders - 16% Schizophrenia - 2%
Dealing with Mentally Ill Offenders
Police has 2 choices:
- Mental health system
- Criminal justice system
Biases may exist in the conditional release of mentally ill offenders
Treatment
Goals:
1. Reduce symptoms
2. Decreased length of stay in the facility
3. No need for re-admittance to hospital
Overarching goal is reintegration.
Treatment Options
Facility for treatment include:
Psychiatric institutions
Hospitals
Assisted housing units
Two key treatments for psychotic symptoms
Antipsychotic drugs
Behaviour therapy
Mental Health Courts
Objectives
Divert accused charged with minor to moderately serious criminal offences
Facilitate a defendant’s fitness to stand trial evaluation
Ensure treatment for a defendant’s mental disorders
Decrease likelihood of repeat offences
