mental illness

Question 1

What happens to someone found
NCRMD?

Answer 1

absolute or condiitonal dischrahe

Question 2

Absolute discharge

Answer 2

defendant released into community without restrictions
to behavior

Question 3

Conditional discharge:

Answer 3

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

Question 4

The Case of Jeffrey
Arenburg

Answer 4

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

Question 5

Unfit to stand trial:

Answer 5

inability to conduct a
defence at any stage of the proceedings on
account of a person’s mental illness or disorder

Question 6

A defendant is unfit to stand trial if they are:

Answer 6

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]

Question 7

Fitness Tests

Answer 7

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)

Question 8

Automatism

Answer 8

Unconscious, involuntary behavior such that the person committing the act is
not aware of what they are doing

Question 9

Noninsane automatism

Answer 9

behavior occurs due to an external factor → Not
guilty

Question 10

Insane automatism:

Answer 10

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

Question 11

External Events Leading to Noninsane
Automatism

Answer 11

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

Question 12

Mental Illness
when not NCRMD

Answer 12

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

Question 13

most to least common mental disorder

Answer 13

substance abuse, antisocial personailty disorder, affective disorder, anxiety, schiophrenia

Question 14

Why are the
rates so high of mental illness

Answer 14

1. Individuals with mental illness
   may be disproportionately arrested
2. Individuals with mental illness
   may be more likely to get caught
3. Individuals with mental illness
   may be more likely to plead guilty

Question 15

is NCRMD innocent or guilty

Answer 15

neither

Question 16

what did NCRMD used to be called

Answer 16

account of insanity

Question 17

which discharege would a halfway house be used for

Answer 17

conditional

Question 18

brians law 2000

Answer 18

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)

Question 19

if unfit then

Answer 19

reasses in 45 days and then check anually until ready

Question 20

to be unfit does impairemnt need to be during the offence

Answer 20

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

Question 21

how long in poliec custidy to determine if unfit

Answer 21

60 NOT MORE

Question 22

who says if someone is unfit

Answer 22

ONLY medical proffessionals, psychology can give insight but they cant do anything but any docotpr can

Question 23

what kinda inrerviews r most fitness tests

Answer 23

semi structured

Question 24

goal of the fitness tests

Answer 24

to just see if they underysnad wjat is going on and what the legal system is ect

NOT A DIAGNOSIS

Question 25

sleepwalking guy

Answer 25

chatged for murder nad attemoed murder

Question 26

psycholocial blow from extraordinary external event meaning

Answer 26

something that could cauase the avg person to dissacoiate

somehng like abuse

Question 26

grief, anxiety, mourning insane or noninsae

Answer 26

noninsane

Question 27

voluntray intoxiciation

Answer 27

guilty but only if self induced

Question 28

Why are the
rates so high for mental ullness (3)

Answer 28

1. Individuals with mental illness
   may be disproportionately arrested
2. Individuals with mental illness
   may be more likely to get caught
3. Individuals with mental illness
   may be more likely to plead guilty

Question 29

Are people with mental illness violent?

Answer 29

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

Question 30

Recidivism

Answer 30

: the tendency of a convicted criminal to reoffend

Question 31

Are offenders with mental illness likely to
reoffend

Answer 31

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