Mental Health and the Law Flashcards
Legal Definition of Mental illness
Impairments in psychological functioning that are stable, involuntary and internal
Vocational Impairment
Inability to control behaviour
Constitutional Law
Laws that define roles of different branches of government
Statutory Law
Written laws
Civil
Criminal
Civil Law
Private party disputes
Criminal Law
Intentional harm to individuals
Common Law
Legal precedents
Risk Assessment
Prediction and management of people who are at risk for committing a criminal act
Purpose of risk assessments
Determine risk
Provide guidance
Identify risk factors
Recommend treatment
Nondiscretionary approach (ND approach)
Use statistical concepts to rate risk
Doesn’t account for changing risk level
Discretionary Approach
ND approach + ability to override actuarial risk level
Flexibility and adaptability
Criminal offenders usually have a mental illness
True, 94% have at least one mental illness
Most common disorder offenders have
Substance Use Disorder (86%)
Not considered a legal mental illness
Second most common mental illness offenders have
Anti-social PD (64%)
Criminal offences require
Actus Reus
Mens rea
Actus Reus
Bad act
Mens Rea
Bad intention
While browsing in a CD store, Rasheed ran into a friend from his old school. They
decided to get a coffee. As they left the store, Rasheed forgot that he had a CD he was
considering buying under his arm.
Actus Reus but no Mens Reus because Rasheed did nit intend to steal the CD
Bobby wants to get Billy suspended from the next soccer game because Billy drank his juice box at lunch. After a brief verbal exchange, the two players drop their gloves and start punching each other. When the referee notices Billy’s nose bleeding, he stops the
fight. Billy is not seriously hurt but he sits out the rest of the period.
Mens Rea but no Actus Reus because the fight was mutual
Jolanda and Iman are arguing in the hall near the stairs. Jolanda has just found out that Iman has
been cheating with Jolanda’s boyfriend for the past few months. Jolanda’s really angry so she
punches Iman in the face as hard as she can. Iman falls backward down the stairs. When the
paramedics come she is lying motionless on the bottom of the stairs. They cannot revive her. Jolanda
feels really bad and tells the police she didn’t mean to hurt Iman badly or make her fall down the
stairs.
Actus Reus and Mens rea for manslaughter because
she intentionally assaulted Iman and the average person would think that a hard punch could cause
harm.
What portion of a criminal act can mental illness negate
Mens Rea
Not Criminally Responsible requires:
- Legal mental illness
- Inability to appreciate consequences of act or that the act was wrong
- These two factors must be linked casually
Most people who get NCR commit what type of crimes
Small, non-violent crimes
Gender differences in NCR defence
84% men
Detained in hospital
Stay in hospital till they have totally improved
Conditional Discharge
They can leave but they have conditions they must follow
Absolute/ Nonconditional discharge
Let out with no conditions
Bill C-30
Regular assessments must occur
They must pose a significant threat to society to stay in hospital
What do offenders need in order to be considered fit for trial
They must have limited cognitive capacity
Don’t have to be able to make good decisions
Fitness Interview Test
- Must understand factual knowledge of criminal proceedings
- Understand the possible outcomes of trial
- Ability to communicate facts about the case
Mental states of NCR and fitness
NCRMD: focus on time of offense
Fitness: focus on time of trial
Possible Dispositions of trial
Fit + NCRMD
Fit + guilty
Unfit + guilty
Unfit + NCRMD
What criteria must be met for involuntary hospitalization
- Must be suffering from a mental illness
- Unwilling/unable to agree to hospitalization
- Acute risk to self or others
