Mar 20 Flashcards
What does criminal responsibility require?
Mens rea, actus reus, causation, absence of viable defense
Mens rea
Guilty mind
Criminal intent
Actus reus
Guilty act
Prove through forensic evidence that crime occurred
Causation
Person’s actions caused crime/offense to occur
Absence of viable defense
No mediating circumstances
Prevalence of NCRMD between the years of 2005-2012
Defense only applied to fewer than 1/1000 court cases
Example of NCRMD in Canada
Vince Li (2008 murder of Tim McLean)
Given absolute discharge
Beheaded, cannibalized, and murdered Tim McLean due to perceived religious responsibility from command hallucinations
Found NCRMD in 2009 and granted absolute discharge in 2017
NCRMD procedure
Person is committed to psychiatric hospital until risk to public can be managed in community
A Criminal Code Review Board of mental health, legal professionals, and citizens decide on:
Continued detention
Conditional discharge
Absolute discharge
Crocker et al., (2015) findings on NCRMD for main offences
From most to least prevalent: uttering threats, assaults, property crimes, homicides, sexual offences
Crocker et al., (2015) findings on NCRMD for main diagnoses
From most to least prevalent: psychotic disorders like schizophrenia, substance use disorder, mood disorder, personality disorder
When is someone unlikely to get NCRMD
With personality disorder or substance use disorder alone
Mental illness stigma
Stigma is a major barrier to treatment
Assumption of violence and/or predictability
Mental illness media bias
40% of news articles negatively associate MI with crime, violence, danger
17% included the voice of someone with MI
25% included the voice of an expert
19% discussed treatment
18% discussed recovery or rehab
Self-stigma
People with MI often accept and agree with negative stereotypes
May feel ashamed, blameworthy, try to conceal their illness
Clinical risk factors for crime
Contact with police is common
2/5 people with MI get arrested at some point
3/10 have had the police involved in care pathway
Police are becoming less reactive and more proactive in Canada
Why is contact with police common for those with MI?
Co-occurring substance misuse
Treatment non-compliance
Social and systemic factors: Improper deinstitutionalization/lack of treatment, community disorganization, homelessness, poverty, poor mental health and social services
Schizophrenia
A broad spectrum of cognitive and emotional dysfunctions leading to significant emotional and behavioural difficulties
What does schizophrenia include?
Delusions and/or hallucinations, disorganized speech
Can include grossly disorganized or catatonic behaviour and/or negative symptoms like diminished emotional expression or avolition
Alcohol or other substance use disorder
A problematic pattern of alcohol or other substance use leading to clinically significant impairment or distress
Antisocial personality disorder
Pervasive pattern of disregard for and violation of the rights of others, occurring since 15 years of age
Bipolar disorders
Major depressive episodes alternating with hypomanic or full manic episodes
Borderline personality disorder
Pervasive pattern of instability in interpersonal relationships, self-image, and affects and marked impulsivity, all beginning by early adulthood across a wide range of contexts
Paranoid personality disorder
Pervasive distrust and suspiciousness of others beginning by early adulthood (e.g., hostile attribution bias)
Types of mental disorders most prevalent among offenders in Canada
More serious disorders are more prevalent, especially substance use and ASPD
Prevalence of mental disorders in general among offenders in Canada
Over 80% lifetime prevalence
Almost 75% currently meet criteria for a disorder
Lifetime prevalence for psychotic and bipolar disorders among offenders in Canada compared to community samples
Almost 5% vs 1%
Lifetime or current prevalence of anxiety (or stress) disorder among offenders in Canada
1/3
Especially PTSD or panic disorder
Diagnosis of ASPD prevalence among offenders in Canada
Almost half
What is the prevalence of borderline personality disorder among offenders in Canada?
15.9%
Lifetime prevalence of alcohol and substance use disorder among offenders in Canada
2/3
According to Wilton and Stewart (2017), what is robbery most likely to be associated with?
Substance use and co-occurring disorder
What % increase in odds of violence was psychosis associated with?
49-68% increase in odds of violence
How can schizophrenia be related to an increase in odds of violence?
With active hallucinations and/or delusions
What % increase in odds of violence is psychotic disorder related to in both the community and correctional settings?
350% increase in community
27% in correctional settings
What three things does psychosis provided?
Motivation for violent behaviour
Destabilization of decisions and behaviours; disorganized and impulsive acts
Disinhibition of factors that normally inhibit violence
How does psychosis provide a motivation for violent behaviour?
Paranoid delusions
Delusions
Fixed beliefs not amenable to change in light of conflicting evidence
2 classes of delusions
Examples?
Bizarre (e.g., aliens controlling thoughts)
Non-bizarre (e.g., police are constantly watching you)
How does psychosis relate to destabilization of decisions and behaviour; disorganized and impulsive acts?
Command hallucinations
Command hallucinations
Voices that instruct a person to act in specific ways
How does psychosis relate to disinhibition of factors that normally inhibit violence?
Negative affect
What does TCO symptoms stand for?
Threat/control override symptoms
Threat/control override symptoms
Cause someone to feel threatened or involve the intrusion of thoughts that can override self-controls
Are most command hallucinations violent or non-violent?
Most command hallucinations are non-violent
Historically, what was psychopathy?
A “wastebasket category” used to define antisociality
How did Pinel (1801) define psychopathy?
Madness without delusions
Impulsive and violent acts
How did Prichard (1883) define psychopathy?
Moral insanity
Know their illegal and immoral acts are wrong but don’t care
Don’t respond to punishment
How did Koch (1888) define psychopathy?
A primarily biologically predetermined personality disorder
Types of psychopathy according to Krapelin (1907)
Born criminals without sense of morality or remorse
Morbid liars who enjoy lying and deceiving
Spendthrifts who use/rely on others for money
Vagabonds who live day-to-day with few plans and who take off on a whim
Evolution of psychopathy through the DSM
First DSM (1952) included sociopathy
DSM-II (1968): Antisocial personality
DSM-III (1980): Antisocial personality disorder (ASPD)
DSM-5 and current DSM-5-TR (2022): ASPD and psychopathy
DSM-I sociopathy
A chronically antisocial person who lacks loyalty to anything or anyone and is callous, lacking judgment, immature, and often able to rationalize their antisocial behaviours
Focus of DSM-III ASPD
Behavioural rather than personality symptoms
ASPD in DSM-5 and current DSM-5-TR
Manipulativeness, deceitfulness, hostility, callousness (antagonism traits), and impulsivity, risk taking, and irresponsibility (disinhibition traits)
Psychopathy in DSM-5 and current DSM-5-TR
The above traits, as well as low anxiousness, low withdrawal, and high attention-seeking, relatively low impulsivity
Sociopath - Patric Gagne
See notes
What is the most common way to assess psychopathy?
Hare psychopathy checklist-revised (PCL-R)
Hare psychopathy checklist-revised (PCL-R)
20-item symptom measure using a 3-point system
Prevalence of psychopathy of a UK sample
71% had no psychopathic traits
Prevalence of psychopathy of a US sample
1.2% scores as potentially psychopathic
Prevalence of psychopathy in general community
Implications?
<1% score high on psychopathy measures
Much more likely to engage in violence
Among which group of the general community is scoring high on psychopathy measures more common? Stat? Implication?
Upper-level corporate managers
8/203 scored in diagnostic range
Coworkers are more likely to be bullied and harassed, have less career success and job satisfaction, and more work-family conflict and overall psychological distress
Prevalence of incarcerated adult offenders classified as high on psychopathic traits
10-25%
2 main factors of psychopathy
Interpersonal/affective
Social deviance
Facet 1 of psychopathy
Interpersonal
Interpersonal as facet 1 of psychopathy
Glibness/superficial charm
Grandiose self-worth
Pathological lying
Conning/manipulative
Facet 2 of psychopathy
Affective
Affective as facet 2 of psychopathy
Lack of remorse or guilt
Shallow affect
Callous/lack of empathy
Failure to accept responsibility for actions
Facet 3 of psychopathy
Lifestyle
Lifestyle as facet 3 of psychopathy
Need for stimulation, prone to boredom
Parasitic lifestyle
Lack of realistic long-term goals
Impulsivity
Irresponsibility
Facet 4 of psychopathy
Antisocial
Antisocial as facet 4 of psychopathy
Poor behavioural controls
Early behavioural problems
Juvenile delinquency
Revocation of condition, release
Criminal versatility
Which facet of psychopathy is most prevalent among people from the Middle East and Asia?
Interpersonal
Which facet of psychopathy is most prevalent among people from Oceania and the US?
Lifestyle
Which facet of psychopathy is most prevalent among people from Africa and South Asia?
Antisocial
