mental illness Flashcards
What happens to someone found
NCRMD?
absolute or condiitonal dischrahe
Absolute discharge
defendant released into community without restrictions
to behavior
Conditional discharge:
defendant is released, however, carries certain
conditions that they must meet
◦ Ex. Not possess firearms, reside with a responsible family member
◦ Failure to meet conditions may result in incarceration or being admitted to a
psychiatric facility
The Case of Jeffrey
Arenburg
paranoid psychosis – history of hospitalizations
In August 1995, shot and killed Brian Smith,
former hockey player and sportscaster
Was found NCRMD and released to high security
psychiatric institution
Conditional release in 2003
Brian’s Law passed in 2000
Unfit to stand trial:
inability to conduct a
defence at any stage of the proceedings on
account of a person’s mental illness or disorder
A defendant is unfit to stand trial if they are:
unable on account of mental disorder to conduct a defense at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
a) understand the nature or object of the proceedings,
b) understand the possible consequences of the proceedings, or
c) communicate with counsel [as a result of limited cognitive capacity]
Fitness Tests
Fitness Interview Test – Revised (1998)
Competency Screening Test (1971)
Competency to Stand Trial Assessment Instrument (1973)
Interdisciplinary Fitness Test (1984)
MacArthur Competence Assessment Tool – Criminal Adjudication (1992)
Automatism
Unconscious, involuntary behavior such that the person committing the act is
not aware of what they are doing
Noninsane automatism
behavior occurs due to an external factor → Not
guilty
Insane automatism:
behavior occurs due to a mental disorder → NCRMD
Not specifically addressed in Criminal Code of Canada
◦ Judges must make their own judgement
◦ Factors to be considered:
◦ Psychiatric assessments, severity of triggering event, history of automatic behavior
External Events Leading to Noninsane
Automatism
A physical blow (e.g., to the head)
Physical ailments, such as a stroke
Hypoglycemia
Carbon monoxide poisoning
Sleepwalking
Involuntary intoxication
Psychological blow from extraordinary external even
Mental Illness
when not NCRMD
In the 1990s, approximately
92% of males in Edmonton
Remand Centre had
lifetime prevalence of
psychiatric disorders
About 43% when substance
abuse is not included
most to least common mental disorder
substance abuse, antisocial personailty disorder, affective disorder, anxiety, schiophrenia
Why are the
rates so high of mental illness
- Individuals with mental illness
may be disproportionately arrested - Individuals with mental illness
may be more likely to get caught - Individuals with mental illness
may be more likely to plead guilty
is NCRMD innocent or guilty
neither
what did NCRMD used to be called
account of insanity
which discharege would a halfway house be used for
conditional
brians law 2000
NCR check in w mental health care regulalry
staying up to date w meds
NCR psychiatric hospital even if they’re not currently a threat (doesnt need to be immediate or imminent)
if unfit then
reasses in 45 days and then check anually until ready
to be unfit does impairemnt need to be during the offence
nope
it can be any setbacks until proceeedigs that result in them not undertsainf the charges and court and then theyre unreliable to the lawyers
how long in poliec custidy to determine if unfit
60 NOT MORE
who says if someone is unfit
ONLY medical proffessionals, psychology can give insight but they cant do anything but any docotpr can
what kinda inrerviews r most fitness tests
semi structured
goal of the fitness tests
to just see if they underysnad wjat is going on and what the legal system is ect
NOT A DIAGNOSIS
sleepwalking guy
chatged for murder nad attemoed murder
psycholocial blow from extraordinary external event meaning
something that could cauase the avg person to dissacoiate
somehng like abuse
grief, anxiety, mourning insane or noninsae
noninsane
voluntray intoxiciation
guilty but only if self induced
Why are the
rates so high for mental ullness (3)
- Individuals with mental illness
may be disproportionately arrested - Individuals with mental illness
may be more likely to get caught - Individuals with mental illness
may be more likely to plead guilty
Are people with mental illness violent?
no
Baillargeon et al. (2009)
◦ Offenders without disorder → 23% committed violent crime
◦ Offenders with disorder → 28% committed violent crime
Fazel et al. (2014)
◦ 24,947 patients with schizophrenia vs. matched sample of unaffected siblings
◦ Within 5 years of diagnosis 10.7% of men and 2.7% of women committed violent
offence
◦ Odds of being convicted were higher for patients with schizophrenia
◦ However, about similar between groups when accounting for previous violent
history and substance use
Fazel & Grann (2006)
◦ Patients with schizophrenia or psychosis more likely
to have violent conviction over general population
◦ Those with schizophrenia are more likely than those
with other psychoses
◦ Peak age around 15-24 years, decline after 40 years
of age
Recidivism
: the tendency of a convicted criminal to reoffend
Are offenders with mental illness likely to
reoffend
Some have found that mental disorder has not been found to be predictive of
recidivism
Charette et al. (2015)
◦ Among NCRMD in ON, BC, QC, after 3 years:
◦ 17% recidivism rate
◦ Lower than ‘general’ offender and inmates with mental health disorders
