Mental Illness and The Criminal Justice System Flashcards
What is mental illness?
- Disorder of the mind that is judged by experts to interfere substantially with a person’s ability to cope with life on a daily basis
What does DSM-5 stand for and the purpose of it!
- Diagnostic and Statistical Manual of Mental Diosrders - 5
- lists symptoms and characteristics of mental disorders
- some disorders are distinct, others vary more in presentation
Mental illness impacts the ability to make decisions and behaviour. Are they completely effected or is there still some wiggle room?
- wiggle room!
- there is still some control over behaviour
- there is still some decision making ability
What are the six categories of mental illness most commonly seen in the criminal justice system?
- Psychosis: Schizophrenia, Delusional Disorders
- Anxiety Disorders: PTSD, PD, GAD
- Personality Disorders
- Affective Disorders: Major Depression and Bipolar
- Substance Abuse: opioids, stimulants, sedatives and alcohol
- Cognitive
In the general population -% have a serious mental illness.
2-3%
In prison populations -% have a serious mental illness.
5-15%
Are people with a mental illness more likely to commit a crime?
no
Give a general description the symptoms for Psychosis disorders!
- fixed delusions, hallucinations, disorganized thinking
Give a general description the symptoms for Anxiety disorders. L> diff btwn fear and anxiety L> PD L> GAD L> PTSD
- excessive fear and worry; disturbances based on them.
- fear= emotional response to an immediate threat
- anxiety = anticipation of a threat.
PD: spike in NS anxiety is directed to fear of an attack
GAD: free floating anxiety; worry is disturbing life.
PTSD: traumatic and stressor related disorders not anxiety! - exposer to actual possibility of death or threat of a serious aggressive act (trauma)
L> re-occurring dreams, flashbacks (lose touch of where they are) of event, increased irritability, increase in substance abuse risks which can lead to increased aggressive incidences…they have an increased risk to domestic violence…
Give a general description the symptoms for Personality Disorders?
L>ASPD
-disregard for others….decreased empathy etc
Give a general description the symptoms for Affective Disorder!
L> Major Depression
L> Bipolar
L> irritability, insomnia vs can’t get out of bed, social isolation
L> pressured speech, increased energy, tons of goals (not always productive), grandiose, inflated self esteem…. *Mania
Give a general description the symptoms for Substance abuse.
Criminal activity is directed to gaining drugs or via lowered inhibitions
Give a general description the symptoms for Cognitive Dysfunction.
- intellectual Damage : limited problem solving
- Brain Damage : not always organic causes
In 2009, in Canadian prisons upon admission there were _% male offenders and _% female offenders. These stats are at least ___ of what was occurring in 1996/1997.
- 13%
- 28%
- double
World wide- Frazel and Seewald (2012)
– They reviewed 33.588 prisoners. It was found that psychosis occurring in -% in the gen pop and _% in the prison population. Major depression showed up in -% for males and --% for females in the gen population. Major depression was found to -% for males and - % in the prison population.
- 0.5-1.5%
- 3.7%
- 2-3%
- 5-9%
- 10.2% and 14.1%
Explain the five steps to the revolving door concept!
- Index offence: arrest and court
- Sent to custody: harassment/abuse occur and this can increase symptoms and risk of suicide.The mentally ill are easy targets in prison and their symptoms can actually worsen because of it.
- Released Back into Community: Nothing has changed for the patient. They received little to no treatment in prison etc..
- Limited Community resources: no treatment options/ little if any in the community (symptoms that were not treated for properly in prison are allowed to progressively get worse)
- The mentally ill are at a Higher risk of committing crimes of survival and nuisance.
* *Repeat cycle**
* this cycle needs to be broken.
Patterns of Offending Constantine et al (2012):
- List the percentage of offenders in each, average number of arrests and how common the pathway is!
- Sporadic?
- Low, chronic?
- High, chronic?
- 12% do this, fewest arrests, average arrest = 2.2; high percent are female offenders (60%)
- most common pathway, avg arrest= 4.5, 82% are in this category..higher chance to begin at a younger age…
- Least common pathway, average arrest rate= 15.7…6% are in this category..low in females, high in Psychotic disorders. 20% of the overall samples arrests are here.
Hiday and Burns (2010): Profiles of Offending, elaborate on each:
- Misdemeanor/Summary/Nuisance
- Survival
- Substance Abuse
- Mental Illness and Personality Disorder
- Violent crimes with association with psychotic disorder.
- petty crimes, public disturbances etc
- theft of food etc
- crimes of obtaining drugs
- Antisocial Personality Disorder, violence against others!
- paranoid, persecutory delusions, resulting in taking violence against others….
Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 1892-1992 explain this time period!
- Lieutenant Governors Warrant system
- Not guilty by reason of insanity could be held for an indefinite amount of time.
Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 1991–> R. vs. Swain, explain this period!
- Supreme court ruling Lieutenant Governor’s Warrant System was in conflict with the charter of rights and freedoms; now you cannot jus take someone out of society indefinitely.
Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 1992–> Bill C-30?
- Not guilty by reason of insanity–> Not criminally responsible on account of Mental Disorder (NCRMD)
- only detained if the individual was deemed a threat to the society if not… absolute discharge is given.
Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 2005–> Bill C-10?
- Amendments to Bill C-30
- power was given to a review board
- victim impact statements are now factors considered
- ability to pause the trial to wait until the offender became fit to stand court
Elements of a Crime:
- Actus Reus?
- Guilty Act
- the criminal act
- person had voluntary physical control over their body
Elements of a Crime:
- Mens Rea?
- mental state of the individual when committing the crime.
1. intent to commit the act
2. demonstrates wilful blindness: aka knows something is illegal that’s occurring but they ignore it.. (buying counterfeit merch)
3. Displays criminal negligence : did not predict the consequences of the crime ! ( a reasonable person could)
