Lecture 5: Mental Illness in the Canadian Criminal Justice System P1 Flashcards

1
Q

What is a mental disorder? [1]

A

A significant disturbance in thinking, emotions, or behaviour that causes distress or cause problems in daily life.

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2
Q

What is NOT considered a mental disorder? [1]

A

Normal reactions (e.g., grief after a loss) or social conflicts unless they come from a dysfunction.

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3
Q

What tool is used to diagnose mental disorders in North America? [1]

A

The DSM (Diagnostic and Statistical Manual of Mental Disorders).

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4
Q

What is a severe mental illness? [1]

A

A disorder that seriously impacts daily life (e.g., schizophrenia, bipolar disorder).

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5
Q

What happens when someone with a severe mental illness is arrested? [1]

A

They are more likely to be sent to a forensic mental health system instead of regular prison.

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6
Q

What is psychosis? [1]

A

A condition where people lose touch with reality.

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7
Q

What are the [2] main symptoms of psychosis?

A
  1. Delusions – Strong, false beliefs that don’t change, even with evidence.
  2. Hallucinations – Seeing, hearing, or feeling things that aren’t there.
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8
Q

What does it mean to be “fit” to stand trial? [3]

A
  1. Understand the trial process.
  2. Know the possible outcomes.
  3. Communicate with their lawyer.
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9
Q

What happens if someone is unfit for trial? [1]

A

They are sent to mental health treatment to restore their fitness before trial.

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10
Q

Who can assess fitness to stand trial in Canada? [1]

A

Only medical practitioners (not just psychiatrists).

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11
Q

What tool is used to assess fitness? [1]

A

The Fitness Interview Test-Revised (FIT-R), a semi-structured interview.

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12
Q

What happens if a person refuses treatment? [3]

A

A judge can order treatment if:

  • It will restore fitness within 60 days.
  • The benefits outweigh the risks.
  • It is the least invasive option.
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13
Q

What [2] treatments CANNOT be forced?

A
  • Electric shock therapy
  • brain surgery.
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14
Q

What happens if someone stays unfit for trial? [1]

A

Their case goes to a review board every year.

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15
Q

Unfit for trial - When can the court drop the case? [1]

A

If after 2 years, there isn’t enough evidence to prosecute.

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16
Q

Unfit for trial - What happens if fitness will never be restored (e.g., permanent brain damage)? [1]

A

The court can release them if they are not a danger.

17
Q

What are the [4] things needed for criminal guilt?

A
  1. Mens Rea – Intent to commit a crime.
  2. Actus Reus – A criminal action happened.
  3. Causation – The person’s actions directly caused the crime.
  4. No Defence – No valid legal excuse (e.g., self-defense).
18
Q

What does NCR-MD mean? [1]

A

A person is Not Criminally Responsible because their mental disorder made them unable to understand their actions.

19
Q

Who has to prove NCR-MD, how common is it and how often are NCR-MD cases reviewed??

A
  • The person claiming it (defence team).
  • Less than 1% of criminal cases.
  • Every year by a review board
20
Q

What are the most [4] common crimes by people found NCR-MD?

A
  1. Threats (27.4%)
  2. Assault (26.5%)
  3. Property crimes (16.9%)
  4. Homicide (6.9%)
21
Q

What [3] mental illnesses are most common in NCR-MD cases?

A
  1. Psychotic disorders (e.g., schizophrenia) – 70.9%
  2. Substance use disorder – 30.8%
  3. Mood disorders (e.g., bipolar disorder) – 23.2%
22
Q

NCR-MD - Who are the [4] most common victims?

A
  1. Family (33%)
  2. Police/professionals (22.9%)
  3. Strangers (22.7%)
  4. Friends/roommates (20.7%)
23
Q

What are the [3] possible outcomes after being found NCR-MD?

A
  1. Detention – Sent to a secure mental health facility.
  2. Conditional Discharge – Released with conditions.
  3. Absolute Discharge – Released with no conditions.
24
Q

What makes it harder to get released from NCR-MD detention? [4]

A
  • Having a psychotic disorder
  • Seriousness of the crime
  • More past crimes
  • Violence in past crimes
25
Q

Is NCR-MD a “loophole” to avoid prison? [3]

A

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.
26
Q

Do NCR-MD people reoffend often? [1]

A

No! Their reoffense rates are lower than regular criminal

27
Q

What is High-Risk Accused (HRA)? [1]

A

A special “tough-on-crime” label for people found NCR-MD in serious violent cases.

28
Q

What [2] crimes qualify for HRA?

A
  • Homicide
  • Serious personal injury.
29
Q

Why is HRA controversial? [1]

A

It keeps people in hospital longer but doesn’t reduce crime.