Lecture 7 part 2 Flashcards
Looking at responsibility
- M’Naghten standard
- Irresistable impulse test
- ALI standard
- Guilty but mentally ill (GBMI)
- NCRMD (Canada)
M’Naghten standard
At time of crime must suffer from a defect of reason and must not know the nature of the act or must not understand that it was wrong
Irresistable impulse test
- Accused may have cognitive knowledge that it was wrong
- May still not be responsible if illness results in inability to control behaviour
ALI standard
Not responsible if accused lacks capacity to appreciate the criminalty of the act or to conform their conduct to the requirements of the law
Guilty but mentally ill
- Mentally ill but also guilty
- Treatment until they are declared sane
- Prison for same term as other offenders
3 dispositions can be made for NCRMD
- Absolute discharge
- Conditional discharge
- Psychiatric facility
Raising issue of responsibility in court
- Only defence can raise the issue unless verdict of guilty has been handed down
- However, prosecution can deal with issue once defence raises it
Rogers criminally responsable assessment scales (R-CRAS)
- Identifies insanity
- Combines appraisal of general diagnostic categories with an assessment of cognitive and behavioural abilities at the time of offense
- 5 topics: organicity, psychopathology, cognitive control, behavioural control, reliability of the report
Mental state at the time of offense screening evaluation (MSE)
- Identifies non-insanity
- 3 topics: general psychological history, mental state at time of offense, current mental status
Information for review boards
- Charge information
- Trial transcript
- Criminal history
- Risk assessment
- Clinical history
- Psychological testing
- Hospital’s recommendation
Factors affecting dispositions
- Public safety
- Mental state of defendant
- Reintegration of defendant into society
- Other needs of defendant
Bill C-54
- Not passed
- Directed at those who committed a serious offence or have a high likelihood of reoffending
- If passed, those with high likelihood would not be granted conditional or absolute discharge
Automatism
- Unconscious, involuntary behaviour
- Person committing act is not aware of what they are doing
R v Stone
- Supreme court stated there are 2 forms of automatism
- noninsane and insane
- Judge decides if evidence exists that behaviour was involuntary
- Judge decides if condition is a mental disorder or not a mental disorder
Defences of noninsane automatism
- A physical blow (to the head)
- Physical ailments (stroke)
- Hypoglycemia
- Carbon monoxide poisoning
- Sleepwalking
- Involuntary intoxication
- Psychological blow from extraordinary external event
NCRMD vs automatism
- NCRMD may result in defendant being sent to mental health facility
- Noninsane automatism results in a not guilty verdict
- Insane automatism results in an NCRMD verdict
Bill C-72
Intoxication not recognized as a defence for violent crimes
Explaining high rates of mental illness
- Arrested more often
- More likely to get caught
- More likely to plead guilty
Dealing with mentally ill offenders
- Police choose between mental health system and criminal justice system
- Likely to be conditionally released as a result of mandatory supervision and to have their release suspended
Mental illness and violence
- Some links between psychiatric diagnosis and likelihood of performing physical violence
- Substance abuse and prior violence also link to likelihood of committing future violent acts
Treatment goals
- Symptom reduction
- Decreased length of stay in the facility
- No need for readmittance to hospital
- Reduce risk of recidivism
Treatment options
- Psychiatric institutions
- Hospitals
- Assisted housing units
- Antipsychotic drugs
- Behvaiour therapy
Mental health courts
- Divert accused charged with minor to moderately serious criminal offences
- Facilitate a defendants fit to stand trial evaluation
- Ensure treatment for defendant’s mental disorders
- Decrease likelihood of repeat offences
Perceptions of mental health courts
- 80% public and 70% professional group support government funding for mental health court in their community
- Research suggests mental health courts can have positive impacts
