Criminal Responsibility

Question 1

What is the boundary between typical and atypical?

Answer 1

Delimited by the DSM. When symptoms cause interference or impairment.

Question 2

How much does a diagnostic influence sentencing?

Answer 2

Doesn’t.

Symtpoms, degree of symptoms, duration and timing does though.

Question 3

NCRMD what it means?

Answer 3

Non-criminal reason mental disorders.

Question 4

Why isnt it true used that a large number of defendant use the NCRMD defence?

Answer 4

people believe that it is used 38% of the time when 2/1000 cases

Question 5

Why isnt it true that the NCRMD is often efficient when used?

Answer 5

people believe that it has a 36-45% success, when actually only a 20%.

Question 6

Aquitted then released?

Answer 6

Many detained psychiatric hospital - and often spend longer in mental hospital than in prison

Question 7

Individual with mental illness are extremely dangerous

Answer 7

Depends in two many factors.

Question 8

What is the Actus Reus? Mens Rea?

Answer 8

wrongful action

criminal intent

Question 9

What are the issues with the mens rea that are assessed in trials/

Answer 9

Fitness
mental state
automatism
mental disorders

Question 10

Explain what is canada’s standpoint in mental illness and crime? So if criminally responsible?

Answer 10

We have free will, we make choices to offend. If it was not a choice, then there is no men’s rea.

Question 11

What are the exeption where the person had a choice to offend, did it, but is still not criminally responsible?

Answer 11

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.

Question 12

Is acting on instinct a defence?

Answer 12

No

Question 13

What is fitness? Why is it important?

Answer 13

Fitness to stand trial.

Everyone has the right to a fair trial. Delusion, hallucinations negate the possibility for a fair trial.

Question 14

What does it mean not to be fit? What are the requirements?

Answer 14

Can’t understand charges, legal proceedeing, sentence, roles in court or help in their legal process.

Question 15

What is fitness called in the US?

Answer 15

Competent

Question 16

Are you fit unless proven until or the other way around?

Answer 16

Fit unless proven unfit.

Question 17

In Canadian law, when was fitness seen for the first time? Who? Explain

Answer 17

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

Question 18

What is the bill we have right for fitness#? When? What is the definition of unfit?

Answer 18

Bill C-30
1992
Unable because of mental disorder to conduct defence and understand proceedings and that, after explanations.

Question 19

What is the time limit to evaluate fitness? Where does individual go in between?

Answer 19

Within 3 weeks

Mental hospital

Question 20

When can fitness be questioned during the trial?

Answer 20

Anytime

Question 21

Who can call fitness in question? Who has the burden?

Answer 21

Anyone

Person who raised the issue

Question 22

USA, around ___ of defendent are evaluated and ____-___% are found incompetent.
What do we know about Canada?

Answer 22

5%
11-30
Most common type of forensic activity

Question 23

Who can assess fitness?

Answer 23

medical practitioners/psychiatrists

Question 24

Who are the people who are often referred?

Answer 24

Violet offences
long term mood disorders
previously used mental health services
previous hospitalization for mental health problems

Question 25

What test to assess fitness is mostly used? Descirbe it

Answer 25

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)

Question 26

What happens when someone is deemed unfit?

Answer 26

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.

Question 27

Mental state: NCRMD. What is it?

Answer 27

Remove possibility for mens rea.

Question 28

How prevalent is the NCRMD defence? How many succeed?

Answer 28

1%

25%

Question 29

When are the two only situations can use the NCRMD defence?

Answer 29

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.

Question 30

Why isnt the NCRMD defence used often?

Answer 30

Hard to prove

Question 31

What is the R-CRAS?

Answer 31

Roger’s criminal responsability assessment scale
First standardized way to assess mental state.
Scale of 0-6

Question 32

What are the 5 things assessed in the R-CRA

Answer 32

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)

Question 33

What are the 3 decisions that can come out of the RCRa

Answer 33

Sane, insane, no opinion

Question 34

Name and describe the 3 things that can happen to a person after finding NCRMD

Answer 34

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

Question 35

What does the review board use to decide what will happen to the NCRMD person?

Answer 35

charge info, court transcript, criminal history, risk assessment, clinical history, psychological testing and hospital recommendation

Question 36

What is automatism?

Answer 36

unconscious, involuntary behaviour

Question 37

What happened in the case of Parks?

Answer 37

Homicidal sleepwalking

Question 38

What it Insane automatism vs non-insane automatism? Examples

Answer 38

1- altered because of mental disorder
2- external factor such as: blow to head, hypoglycemia, CO2 poisoning, sleepwalking, involuntary intoxication, psychological blow

Question 39

Bill ______ states that intoxication, unless involuntary is not a defence for violent, sexual crimes

Answer 39

C-72