Criminal Responsibility Flashcards
What is the boundary between typical and atypical?
Delimited by the DSM. When symptoms cause interference or impairment.
How much does a diagnostic influence sentencing?
Doesn’t.
Symtpoms, degree of symptoms, duration and timing does though.
NCRMD what it means?
Non-criminal reason mental disorders.
Why isnt it true used that a large number of defendant use the NCRMD defence?
people believe that it is used 38% of the time when 2/1000 cases
Why isnt it true that the NCRMD is often efficient when used?
people believe that it has a 36-45% success, when actually only a 20%.
Aquitted then released?
Many detained psychiatric hospital - and often spend longer in mental hospital than in prison
Individual with mental illness are extremely dangerous
Depends in two many factors.
What is the Actus Reus? Mens Rea?
wrongful action
criminal intent
What are the issues with the mens rea that are assessed in trials/
Fitness
mental state
automatism
mental disorders
Explain what is canada’s standpoint in mental illness and crime? So if criminally responsible?
We have free will, we make choices to offend. If it was not a choice, then there is no men’s rea.
What are the exeption where the person had a choice to offend, did it, but is still not criminally responsible?
Young children - dont have moral or mental capacity to understand the repercussion of their actions. Grey zone from 14-18 trial as an adult if have adult-like patterns of thinking.
Is acting on instinct a defence?
No
What is fitness? Why is it important?
Fitness to stand trial.
Everyone has the right to a fair trial. Delusion, hallucinations negate the possibility for a fair trial.
What does it mean not to be fit? What are the requirements?
Can’t understand charges, legal proceedeing, sentence, roles in court or help in their legal process.
What is fitness called in the US?
Competent
Are you fit unless proven until or the other way around?
Fit unless proven unfit.
In Canadian law, when was fitness seen for the first time? Who? Explain
1836: Prichard
Whether defendent is mute of malice or not.
- Depending on if person decides to speak or simply cant
Dependent pleads inaictement
- Understand the details of the case
Defendent sufficient cognitive capacity to understand
What is the bill we have right for fitness#? When? What is the definition of unfit?
Bill C-30
1992
Unable because of mental disorder to conduct defence and understand proceedings and that, after explanations.
What is the time limit to evaluate fitness? Where does individual go in between?
Within 3 weeks
Mental hospital
When can fitness be questioned during the trial?
Anytime
Who can call fitness in question? Who has the burden?
Anyone
Person who raised the issue
USA, around ___ of defendent are evaluated and ____-___% are found incompetent.
What do we know about Canada?
5%
11-30
Most common type of forensic activity
Who can assess fitness?
medical practitioners/psychiatrists
Who are the people who are often referred?
Violet offences
long term mood disorders
previously used mental health services
previous hospitalization for mental health problems
What test to assess fitness is mostly used? Descirbe it
Fitness interview test revised (Fit-R) Semi-structures interview Validate knowledge of legal proceedings understand possible consequences communicate with counsel (believe lawyer work for the prosecution and wont say anything)
What happens when someone is deemed unfit?
Get them fit. Proceedings alted until fit.
If they are find fit, return to court. Can be referred again after that though.
if remain unfit after sometime (90 days) - referred to a review board for assessment and disposition. annual renewal
If unlikely to be found fit again: end legal process.
Mental state: NCRMD. What is it?
Remove possibility for mens rea.
How prevalent is the NCRMD defence? How many succeed?
1%
25%
When are the two only situations can use the NCRMD defence?
1- following a guilty verdct: defendent requires psychiatric treatment and mental health facility.
2- Defence uses it as their defence: uses it as their main defence.
Why isnt the NCRMD defence used often?
Hard to prove
What is the R-CRAS?
Roger’s criminal responsability assessment scale
First standardized way to assess mental state.
Scale of 0-6
What are the 5 things assessed in the R-CRA
reliability (truthfulness, interpret, bias)
organicity (visible genetic factor)
behavioural control (inhibit certain behaviour)
cognitive control (apply rules, adapt change in social norms)
psychopathology (bizarre behaviour, anxiety, amnesia, hallucinations)
What are the 3 decisions that can come out of the RCRa
Sane, insane, no opinion
Name and describe the 3 things that can happen to a person after finding NCRMD
1- absolute discharge
- equivalent non-guilty
2- Conditional discharge
- release conditions and sent to jail or psychiatric hospital if break rules
3- Psychiatric facility
- treatment only forced if not competent.
- Only if threat to themselves of society
What does the review board use to decide what will happen to the NCRMD person?
charge info, court transcript, criminal history, risk assessment, clinical history, psychological testing and hospital recommendation
What is automatism?
unconscious, involuntary behaviour
What happened in the case of Parks?
Homicidal sleepwalking
What it Insane automatism vs non-insane automatism? Examples
1- altered because of mental disorder
2- external factor such as: blow to head, hypoglycemia, CO2 poisoning, sleepwalking, involuntary intoxication, psychological blow
Bill ______ states that intoxication, unless involuntary is not a defence for violent, sexual crimes
C-72
