Lecture 7 part 2 Flashcards

1
Q

Looking at responsibility

A
  • M’Naghten standard
  • Irresistable impulse test
  • ALI standard
  • Guilty but mentally ill (GBMI)
  • NCRMD (Canada)
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2
Q

M’Naghten standard

A

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

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3
Q

Irresistable impulse test

A
  • Accused may have cognitive knowledge that it was wrong

- May still not be responsible if illness results in inability to control behaviour

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4
Q

ALI standard

A

Not responsible if accused lacks capacity to appreciate the criminalty of the act or to conform their conduct to the requirements of the law

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5
Q

Guilty but mentally ill

A
  • Mentally ill but also guilty
  • Treatment until they are declared sane
  • Prison for same term as other offenders
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6
Q

3 dispositions can be made for NCRMD

A
  • Absolute discharge
  • Conditional discharge
  • Psychiatric facility
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7
Q

Raising issue of responsibility in court

A
  • Only defence can raise the issue unless verdict of guilty has been handed down
  • However, prosecution can deal with issue once defence raises it
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8
Q

Rogers criminally responsable assessment scales (R-CRAS)

A
  • 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
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9
Q

Mental state at the time of offense screening evaluation (MSE)

A
  • Identifies non-insanity

- 3 topics: general psychological history, mental state at time of offense, current mental status

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10
Q

Information for review boards

A
  • Charge information
  • Trial transcript
  • Criminal history
  • Risk assessment
  • Clinical history
  • Psychological testing
  • Hospital’s recommendation
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11
Q

Factors affecting dispositions

A
  • Public safety
  • Mental state of defendant
  • Reintegration of defendant into society
  • Other needs of defendant
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12
Q

Bill C-54

A
  • 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
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13
Q

Automatism

A
  • Unconscious, involuntary behaviour

- Person committing act is not aware of what they are doing

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14
Q

R v Stone

A
  • 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
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15
Q

Defences of noninsane automatism

A
  • A physical blow (to the head)
  • Physical ailments (stroke)
  • Hypoglycemia
  • Carbon monoxide poisoning
  • Sleepwalking
  • Involuntary intoxication
  • Psychological blow from extraordinary external event
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16
Q

NCRMD vs automatism

A
  • 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
17
Q

Bill C-72

A

Intoxication not recognized as a defence for violent crimes

18
Q

Explaining high rates of mental illness

A
  • Arrested more often
  • More likely to get caught
  • More likely to plead guilty
19
Q

Dealing with mentally ill offenders

A
  • 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
20
Q

Mental illness and violence

A
  • 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
21
Q

Treatment goals

A
  • Symptom reduction
  • Decreased length of stay in the facility
  • No need for readmittance to hospital
  • Reduce risk of recidivism
22
Q

Treatment options

A
  • Psychiatric institutions
  • Hospitals
  • Assisted housing units
  • Antipsychotic drugs
  • Behvaiour therapy
23
Q

Mental health courts

A
  • 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
24
Q

Perceptions of mental health courts

A
  • 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