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PSYC 493 > Mental Illness > Flashcards

Mental Illness Flashcards

1
Q

What 2 elements must be present for criminal guilt?

A

Actus reus- a wrongful deed (either physical or verbal)

Mens rea- criminal intent- has to believe beyond a reasonable doubt.

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2
Q

What is expected of individuals who are deemed fit to stand trial?

A

Expected to understand charges and proceedings to help in preparing their defence

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3
Q

What deems someone unfit to stand trial?

A

Inability to conduct a defence on any stage of the proceedings on the account of a mental disorder

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4
Q

What are some things we can do if someone is deemed unfit to stand trial?

A

Delay until a later date, give medication, evaluate mental state at a later time.

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5
Q

What was the example of Milton Dusky?

A

Had a bad family life and was abandoned at 16- worked multiple jobs, joined the Navy and was discharged due to anxiety and panic. Number of diagnoses including dependent personality and depression, fantasized about beating his ex-wife. At the age of 33 he sexually assaulted and kidnapped a 15 year old girl- understood his charges but claims she got in voluntarily. Defense lawyers claimed he wasn’t fit, judge overruled- sentenced to 45 years but was later brought down to 20.

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6
Q

What is the Dusky standard of deeming if someone is unfit to stand trial?

A

Has to have a current, present understanding of the charges and the ability to communicate these to a lawyer. Has to be an issue of capacity and not willingness. ASPD cannot be used- must also understand the specifics of the allegations as well as the consequences and basic legal proceedings.

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7
Q

What has it been determined that the jury should be told if the defendant is deemed unfit? (Fitness standard: R. v. Prichard)

A

1) Defendant must be mute of malice (intentionality)
2) Whether the defendant can plead to the indictment (direct the lawyer)
3) Cognitive complexity.

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8
Q

How does Bill C-30 determine if someone is unfit to stand trial?

A

Unfit to stand trial if unable to:

1) Understand nature or object of proceedings
2) Understand possible consequences
3) Communicate with counsel.

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9
Q

What is the best interest rule?

A

Requires the ability to make rational decisions that are beneficial to them.

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10
Q

What was the case of R. v. Taylor?

A

Taylor was a lawyer charged with aggravated assault and was deemed to suffer from paranoid schizophrenia. Deemed unfit as he thought the courts were conspiring against him and was not willing to act in his best interest- this was deemed to tough a criterion.

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11
Q

What was changed about fitness evals after Taylor’s case?

A

There used to be a five day limit for fitness evals and provisions- now the issue may be raised at various stages o the proceedings.

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12
Q

Who can assess fitness?

A

Only medical professionals- doesnt have to be a psychiatrist or have any forensic experience, as well as psychologists are generally excluded from court appointed assessments.

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13
Q

What are some instruments used to assess fitness?

A

Fitness Interview, Competency Screening Test (sentence completion), Competency to stand trial assessment instrument, interdisciplinary fitness interview, MacArthur competence assessment.

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13
Q

What are some instruments used to assess fitness?

A

Fitness Interview, Competency Screening Test (sentence completion), Competency to stand trial assessment instrument, interdisciplinary fitness interview, MacArthur competence assessment.

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14
Q

What are some characteristics of unfit defendants?

A

Single, unemployed, living alone, older females in minority groups, psychotic disorders as 8 times more likely to be found unfit.

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15
Q

What is the goal of the review board?

A

Individual assessment- what should we do with them? Have authority but not absolute authority.

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16
Q

What happens when there is a stay of proceedings?

A

Patient has a disposition to never be well enough to be fit (ex: IQ of 55 or severe brain injury) AND is deemed to not pose a threat to society.

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17
Q

What are the 3 steps when someone is found unfit to stand trial?

A

1) Proceedings are halted until fit (reassessed after 45 days)
2) Attempt to restore to fitness using medication
3) Court can stay proceedings- if court requests this then cannot decline.

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18
Q

What is insanity?

A

Not being sound of mind and being mentally deranged and irrational when they committed the offence. Removes responsibility of an act due to uncontrolled impulses and delusions.

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19
Q

What is the idea of Not Guilty by Reason of Insanty/ Not Criminally Responsible due to Mental Disorder?

A

When acts are impossible to control do not receive punishment according to US and Canadian Law- psychiatrists will assess mental state at the start of the crime.

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20
Q

What is the McNaughton test?

A

The original standard for insanity defence.

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21
Q

What is the outcome of an insanity defence?

A

Acquittal

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22
Q

What is the outcome of a guilty but mentally ill defence?

A

Found guilty, but eligible for mental health treatment while incarcerated

23
Q

What is the outcome of diminished capacity and syndrome?

A

Could acquitt or reduce the severity of the offence.

24
Q

What is the outcome of mentally incompetent to stand trial?

A

Delay until mental competency is obtained

25
Q

What are the 3 elements to specific insanity defence according to McNaughton?

A

1) Defendant must be suffering from a mental illness (defect of reasoning/disease of mind)
2) Must not know the nature and quality of the act
3) Must not know that what they are doing is wrong.

26
Q

What is the Duram rule?

A

Guilty, but not going to be held as criminally responsible as someone who is sound of mind.

27
Q

What percentage of individuals not found criminally responsible had prior psychiatric institutionalization?

A

70%.

28
Q

What are the recidivism rates in the general prison population?

A

30%

29
Q

What are the recidivism rates among people found not criminally responsible on account of a mental disorder?

A

17% for any crime at all.

30
Q

What is the recidivism rate among people NCRMD with severely violent crimes?

A

0.6%.

31
Q

What did the supreme court determine when deciding whether to detain someone NCRMD?

A

Only be detained (conditional discharge) if they pose a threat to society- if not they should receive an absolute discharge.

32
Q

What percentage of cases succeed when raising the insanity defence?

A

25%- very few defendants actually meet the legal standard.

33
Q

What are the 2 situations where the crown can raise the issue of insanity?

A

Following a guilty verdict, and if the defense states that the defendant has a mental illness.

34
Q

What is required to plead insanity?

A

A psychiatric assessment- Rogers Criminal Responsibility Assessmentscales.

35
Q

What are the 3 sections on Rogers Criminal Responsiblity scales?

A

1) Malingering (lying)
2) Cognitive component (perceptions of reality)
3) Volition- self determination: can the person understand their behaviour, make decisions, execute plans, understand responsibility etc.

36
Q

What percentage of death row innmates suffer from schizophrenia and psychosis?

A

70%

37
Q

What are the 3 dispositions when determined as NCRMD?

A

Absolute discharge, conditional discharge, institutionalization.

38
Q

What information does the review board need when deciding on the next steps?

A

Charge information, trial transcript, criminal history, risk assessment, clinical history, psychological testing, hospitals recommendations, defense lawyers, adjudicated by a judge, victims and families don’t attend, has to meet at least once per year.

39
Q

What are the 4 factors affecting dispositions?

A

1) Public safety
2) Mental state of the defendant (currently)
3) Reintegration possibilities
4) Other needs of the defendant.

40
Q

What are the percentage of prison inmates with each disorder who are diagnosed as NCRMD?

A 
Personality disorders (4.4%)
Schizophrenia (51%)
Affective disorders (26.6%)
41
Q

Which types of disorders spend more time incarcerated?

A

Someone with an affective disorder like bipolar, compared to someone with schizophrenia.

42
Q

What group of people spends more time in institutions?

A

Aboriginals- 70% for 10+ years, 0% for less than 2 years.

43
Q

What percentage of non-violent crimes deemed NCRMD are still incarcerated after 10 years?

A

0%

44
Q

What is the most serious offence with NCRMD?

A

Major assault.

45
Q

What was Bill C-54?

A

Changes made to NCRMD- those who commit serious offences with a high likelihood of reoffending/ if the act was super heinous are passed as high risk and not granted a conditional or absolute discharge- only the court can lift this designation and have to provide notice to the victims and families when he is realeased- removes least onerous, least restrictive argument (bill was not passed).

46
Q

What is automatism?

A

Unconscious, involuntary behaviour. Person committing act was not aware of what they were doing. Canadian Criminal Code does not recognize this as a defense.

47
Q

What was the case of Kenneth Parks?

A

Killed some people then came to the police and claimed he was sleepwalking- avoided a guilty verdict and was not sent to a psychiatric facility- non-insane automatism.

48
Q

What does the judge have to decide in cases of automatism?

A

1) Whether behaviour was involuntary

2) If condition is mental or not

49
Q

What are some examples of non-insane automatism?

A

Physical blows, ailments (heart attack while driving), low BP, CO poisoning, involuntary intoxication, trauma, anger blackouts (not a viable defence).

50
Q

What happens if someone is determined to be NCRMD?

A

Mental health facility and conditional discharge

51
Q

What happens if someone is determined to have non-insane automatism?

A

Not guilty

52
Q

What happens if someone is determined to have insane automatism?

A

NCRMD>

53
Q

What is Bill C-72?

A

Intoxication is not recognized as a defense in violent cases.

54
Q

Why are there high rates of mental disorders among defendants in general?

A

They are more likely to be arrested, get caught, and plead guilty.

55
Q

What are the treatment goals?

A

1) Symptom reduction
2) Decrease length of stay in facility
3) No need for readmittance
4) Reduce risk of recidivism
Overarching goal: Reintegration

PSYC 493 (11 decks)

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