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Criminal Behaviour > Mental Illness and The Criminal Justice System > Flashcards

Mental Illness and The Criminal Justice System Flashcards

1
Q

What is mental illness?

A
  • 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
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2
Q

What does DSM-5 stand for and the purpose of it!

A
  • Diagnostic and Statistical Manual of Mental Diosrders - 5
  • lists symptoms and characteristics of mental disorders
  • some disorders are distinct, others vary more in presentation
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3
Q

Mental illness impacts the ability to make decisions and behaviour. Are they completely effected or is there still some wiggle room?

A
  • wiggle room!
  • there is still some control over behaviour
  • there is still some decision making ability
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4
Q

What are the six categories of mental illness most commonly seen in the criminal justice system?

A
  1. Psychosis: Schizophrenia, Delusional Disorders
  2. Anxiety Disorders: PTSD, PD, GAD
  3. Personality Disorders
  4. Affective Disorders: Major Depression and Bipolar
  5. Substance Abuse: opioids, stimulants, sedatives and alcohol
  6. Cognitive
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5
Q

In the general population -% have a serious mental illness.

A

2-3%

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6
Q

In prison populations -% have a serious mental illness.

A

5-15%

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7
Q

Are people with a mental illness more likely to commit a crime?

A

no

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8
Q

Give a general description the symptoms for Psychosis disorders!

A
  • fixed delusions, hallucinations, disorganized thinking
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9
Q 
Give a general description the symptoms for Anxiety disorders. 
L> diff btwn fear and anxiety
L> PD
L> GAD
L> PTSD
A
  • 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…
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10
Q

Give a general description the symptoms for Personality Disorders?
L>ASPD

A

-disregard for others….decreased empathy etc

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11
Q

Give a general description the symptoms for Affective Disorder!
L> Major Depression
L> Bipolar

A

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

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12
Q

Give a general description the symptoms for Substance abuse.

A

Criminal activity is directed to gaining drugs or via lowered inhibitions

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13
Q

Give a general description the symptoms for Cognitive Dysfunction.

A
  • intellectual Damage : limited problem solving

- Brain Damage : not always organic causes

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14
Q

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.

A
  • 13%
  • 28%
  • double
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15
Q

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.

A
  • 0.5-1.5%
  • 3.7%
  • 2-3%
  • 5-9%
  • 10.2% and 14.1%
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16
Q

Explain the five steps to the revolving door concept!

A
  1. Index offence: arrest and court
  2. 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.
  3. Released Back into Community: Nothing has changed for the patient. They received little to no treatment in prison etc..
  4. 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)
  5. The mentally ill are at a Higher risk of committing crimes of survival and nuisance.
    * *Repeat cycle**
    * this cycle needs to be broken.
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17
Q

Patterns of Offending Constantine et al (2012):

  1. List the percentage of offenders in each, average number of arrests and how common the pathway is!
    - Sporadic?
    - Low, chronic?
    - High, chronic?
A
  • 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.
18
Q

Hiday and Burns (2010): Profiles of Offending, elaborate on each:

  1. Misdemeanor/Summary/Nuisance
  2. Survival
  3. Substance Abuse
  4. Mental Illness and Personality Disorder
  5. Violent crimes with association with psychotic disorder.
A
  1. petty crimes, public disturbances etc
  2. theft of food etc
  3. crimes of obtaining drugs
  4. Antisocial Personality Disorder, violence against others!
  5. paranoid, persecutory delusions, resulting in taking violence against others….
19
Q

Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 1892-1992 explain this time period!

A
  • Lieutenant Governors Warrant system

- Not guilty by reason of insanity could be held for an indefinite amount of time.

20
Q

Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 1991–> R. vs. Swain, explain this period!

A
  • 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.
21
Q

Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 1992–> Bill C-30?

A
  • 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.
22
Q

Historical Treatment of the Mentally Ill within the Criminal Code of Canada:
- 2005–> Bill C-10?

A
  • 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
23
Q

Elements of a Crime:

- Actus Reus?

A
  • Guilty Act
  • the criminal act
  • person had voluntary physical control over their body
24
Q

Elements of a Crime:

- Mens Rea?

A
  • 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)
25
Q

Omnibus crime bill?

A
  • min sentence must happen before treatment is given (only access is to the ones present in the prison)
26
Q

Three points from Peter McKay?

  1. most important thing in decision making?
  2. High Risk Designation? (3)
  3. Enhanced victim rights (3)
A
  1. Public safety is paramount in the decision making process
  2. High Risk Designation
    - are they at a high risk for reoffending?
    - reassessment after every 3 years
    *increases hospitalization
    L> even if you improve in symptoms in say a year you still are held for 3!
  3. Enhance victim rights
    - statements are given more weight
    - non communication contracts
    - informed on offenders release
27
Q

Explain how one is Unfit to stand trial!

A
  • cannot understand the proceedings of trial or its consequences
  • cannot communicate with their lawyer
  • present mental state!
  • you’re not forever unfit! once you get treatment and improve your going back to it!
28
Q

What does NCR stand for? Explain it?

A
  • Not Criminally Responsible on Account of Mental Disorder (NCR)
  • found to have committed an offence
  • lacked capacity to understand what they did or know it was wrong.
  • mental state at the time of offence
29
Q

Who determines if the person is NCR?

A

professionals outside of the court

30
Q

Is substance abuse an excuse?

A

no

31
Q

Does having a mental illness mean automatically you were NCR?

A

no

- it must negate your mens rea and actus rea

32
Q

Who are the three key players in diversion opportunities?

A
  1. Police
  2. Courts
  3. Corrections
33
Q

Key Players and Diversion opportunities:

- Police?(4)

A
  • apprehend
  • refer to community/family resources
  • no further action
  • if a violence crime has occurred they may just be detained..
34
Q

Key Players and Diversion opportunities:

- Courts? (3)

A
  • bail
  • detained in custody or mental health facility
  • Mental Health Court
35
Q

Key Players and Diversion opportunities:

- Corrections? (3)

A
  • custody and community services
  • facility determines if special accommodation
  • treatment plan assessments
36
Q

Mental Health Courts:
- In the late 1990’s- first Mental Health Courts set up in Canada
L> They consist of?

A
  1. Single court docket for mentally ill offenders
  2. have a team approach
  3. community based treatment program
  4. sanctions for non compliance
  5. voluntary participation
37
Q

Mental Health Courts:

- Goal of Mental Health courts? (3)

A
  1. Increase access to community mental health services
  2. Decrease repeated contacts with the legal system for individual with mental illness…
  3. balanced with goal of maintain public speed.
38
Q

Hiday et al (2013) –> 1 year follow up of MHC :

  • The MHC patients displayed what three findings?
  • extra evidence?
A
  1. Fewer arrests than in the year prior to MHC involvement
  2. Few arrests than comparison group
  3. Longer time to reoffend.
    –> Evidence for fewer arrests for offenders who experience pretrial diversion programs.
    L>it is inline with previous research studies and loner term follow up results
39
Q

Public opinion of MHC?
- MacDougla et al (2012)
L> 407 gen pop; 102 professionals
Laypersons?

A
  1. older age
    - taking mental health related coursework
    - positive attitudes toward mental health help seeking
40
Q

Public opinion of MHC?
- MacDougla et al (2012)
L> 407 gen pop; 102 professionals
- Professional Exposure?

A
  • older age
  • more education
  • taking mental health related course work !
  • Positive attitude towards mental health help seeking
  • Positive attitudes toward mental status
41
Q

Ashley Smith :
-Born 1988
- Behavioural changes occurred when? (age)
- At 15 years of age:
L> how many court appearances in less than a year did she get?
L> What has she been diagnosed with? (4)
- She was transferred to adult facility at _ years old.
L> Continued ___ behaviours
L> Transferred _ times in less than a year. Explain them.

A
  • 13
    -L>14
    L> learning Disorder, ADHD, Borderline PD, Narcissistic Personality traits.
    -18
    L> aggressive
    L> 17
    L> 9 had nothing to do with addressing her needs
    L> committed suicide under 24 hour survelliance
42
Q

Vince Lee:

  • He murdered Tim Mclean in ?
  • On March 5, 2009 he was found to be ___.
  • Sent to ____ and was to be reviewed annually by MH review board.
  • June 3, 2012 what occurred?
  • On May 29, 2011 what occurred/ what was he deemed?
  • In May 2013? Update?
A
  • July 30, 2008
  • NCRMD
  • Selkirk Mental Health Centre
  • outdoor walks within mental health facility
  • reduced supervision on escorted passes within the facility, deemed model patient
  • extended passes meaning he could go to more locations.

Criminal Behaviour (20 decks)

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