Establishing guilt Part 2 Flashcards
Define automatism
i. Unconscious, involuntary behaviour such that the person committing the act is not aware of what he or she is doing
Define non-insane automatism
Automatic behaviour that occurs because of an external source (like a blow to the head)
For non-insane automatism, what are the three parameters tested?
- Psychiatric assessment
- Similarity to previous triggering events
- Is this the first time (history of this behaviour)
Define insane automatism
Similar to NCRMD, so must use that type of defense
When is intoxication cited as defense?
To mitigate criminal responsibility
Define sexsomnia
i. A form of parasomnia defined as engaging in sex acts while asleep
ii. More common in men than in women
iii. Only two successful cases ever where person was found to be NCRMD
When is PTSD used in a defense?
For criminal responsibility mitigation
When is amnesia a valid case for defense?
When there is a clear connection between brain injury and memory loss
Who is more likely to commit a violent crime: NCRMD or UST?
NCRMD
Who is more likely to commit a sexual offence: NCRMD or UST?
UST
What are some demographics of NCRMD and UST cases?
a. 85% male
b. Most are in their thirties
c. Half only have one disorder, while 18% have 3+
What is the most common diagnosis for both NCRMD and UST?
Schizo, then mood disorder
Misconceptions of NCRMD defence.
- Commonly used
- Successful
- Most acquitees commit murder
- The defense is a loophole
- Defendants are not confined very long
- Defendants are dangerous
NCRMD defence is commonly used.
False. Less than 1% of defendants in criminal trials use this defence.
Defendants that use the NCRMD defence are very dangerous.
False. They sometimes or often brake the rules of their conditional release and not necessarily commit another crime.
4% of those released after NCRMD verdict committed a violent offense after. (4% of less than 1%)
