Lecture 5: Mental Illness in the Canadian Criminal Justice System P1 Flashcards
What is a mental disorder? [1]
A significant disturbance in thinking, emotions, or behaviour that causes distress or cause problems in daily life.
What is NOT considered a mental disorder? [1]
Normal reactions (e.g., grief after a loss) or social conflicts unless they come from a dysfunction.
What tool is used to diagnose mental disorders in North America? [1]
The DSM (Diagnostic and Statistical Manual of Mental Disorders).
What is a severe mental illness? [1]
A disorder that seriously impacts daily life (e.g., schizophrenia, bipolar disorder).
What happens when someone with a severe mental illness is arrested? [1]
They are more likely to be sent to a forensic mental health system instead of regular prison.
What is psychosis? [1]
A condition where people lose touch with reality.
What are the [2] main symptoms of psychosis?
- Delusions – Strong, false beliefs that don’t change, even with evidence.
- Hallucinations – Seeing, hearing, or feeling things that aren’t there.
What does it mean to be “fit” to stand trial? [3]
- Understand the trial process.
- Know the possible outcomes.
- Communicate with their lawyer.
What happens if someone is unfit for trial? [1]
They are sent to mental health treatment to restore their fitness before trial.
Who can assess fitness to stand trial in Canada? [1]
Only medical practitioners (not just psychiatrists).
What tool is used to assess fitness? [1]
The Fitness Interview Test-Revised (FIT-R), a semi-structured interview.
What happens if a person refuses treatment? [3]
A judge can order treatment if:
- It will restore fitness within 60 days.
- The benefits outweigh the risks.
- It is the least invasive option.
What [2] treatments CANNOT be forced?
- Electric shock therapy
- brain surgery.
What happens if someone stays unfit for trial? [1]
Their case goes to a review board every year.
Unfit for trial - When can the court drop the case? [1]
If after 2 years, there isn’t enough evidence to prosecute.
Unfit for trial - What happens if fitness will never be restored (e.g., permanent brain damage)? [1]
The court can release them if they are not a danger.
What are the [4] things needed for criminal guilt?
- Mens Rea – Intent to commit a crime.
- Actus Reus – A criminal action happened.
- Causation – The person’s actions directly caused the crime.
- No Defence – No valid legal excuse (e.g., self-defense).
What does NCR-MD mean? [1]
A person is Not Criminally Responsible because their mental disorder made them unable to understand their actions.
Who has to prove NCR-MD, how common is it and how often are NCR-MD cases reviewed??
- The person claiming it (defence team).
- Less than 1% of criminal cases.
- Every year by a review board
What are the most [4] common crimes by people found NCR-MD?
- Threats (27.4%)
- Assault (26.5%)
- Property crimes (16.9%)
- Homicide (6.9%)
What [3] mental illnesses are most common in NCR-MD cases?
- Psychotic disorders (e.g., schizophrenia) – 70.9%
- Substance use disorder – 30.8%
- Mood disorders (e.g., bipolar disorder) – 23.2%
NCR-MD - Who are the [4] most common victims?
- Family (33%)
- Police/professionals (22.9%)
- Strangers (22.7%)
- Friends/roommates (20.7%)
What are the [3] possible outcomes after being found NCR-MD?
- Detention – Sent to a secure mental health facility.
- Conditional Discharge – Released with conditions.
- Absolute Discharge – Released with no conditions.
What makes it harder to get released from NCR-MD detention? [4]
- Having a psychotic disorder
- Seriousness of the crime
- More past crimes
- Violence in past crimes
Is NCR-MD a “loophole” to avoid prison? [3]
No! People with NCR-MD are:
- 4x more likely to be detained than regular prisoners.
- 5x less likely to be released after 1 year.
- 3x less likely to get an absolute discharge.
Do NCR-MD people reoffend often? [1]
No! Their reoffense rates are lower than regular criminal
What is High-Risk Accused (HRA)? [1]
A special “tough-on-crime” label for people found NCR-MD in serious violent cases.
What [2] crimes qualify for HRA?
- Homicide
- Serious personal injury.
Why is HRA controversial? [1]
It keeps people in hospital longer but doesn’t reduce crime.
