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Psychology 331 > Mental illness in the criminal justice system > Flashcards

Mental illness in the criminal justice system Flashcards

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1
Q

actus reus

A

wrongful deed

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2
Q

Mens rea

A

Criminal intent

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3
Q

unfit to stand trial

A

refers to an inability to conduct a defense at any stage of the proceedings on account of a person’s mental disorder

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4
Q

R v. Balliram

A

unfit person cannot cannot be sentenced

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5
Q

R v. Pritchard

A

criteria for fitness to stand trial

  1. defendant is mute of malice (intentionality)
  2. defendant can plead to the indictment
  3. defendant has sufficient cognitive capacity to understand trial proceedings
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6
Q

Bill C-30

A

a) understand nature or object of proceedings
b) understand possible consequences
c) communicate with counsel (R v. Taylor)

Length of time defendant can be held in custody for fitness evaluation
- 5 days, with extension max 30 days and total length should not exceed 0 days

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7
Q

R v. Taylor

A

ability to communicate with counsel

  • need only be able to state facts relating to offence that would allow appropriate defense
  • need not be able to communicate facts that are their best interests
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8
Q

Fitness evaluations when raised, stats

A

at any time of proceedings by defense or crown

  • > 5000 a year
  • 42% of unfit have evaluation
  • 61% have evaluation
  • 24% unfit and NCR evaluations
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9
Q

Fitness Instruments

A

long psychiatric facility stays unnecessary to determine fitness

  • FIT-R
  • Competency screening test
  • compentency to stand trial assessment instrument (CAI)
  • interdisciplinary fitness interview (IFI)
  • MacArthur competence assessment tool- criminal adjudication (MacCAT-CA)
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10
Q

Fitness interview Test revised (FIT-R)

A

semi structured interview and interview other people for a baseline

  • nature of proceedings
  • consequence of proceedings
  • ability to communicate with counsel
  • 3 point scale (0 = no impairment)
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11
Q

fitness to stand trial procedure

A

fitness evaluation

  • fit or unfit
  • if unfit attempt to restore fitness: medication = reassessed within 45 days
  • majority restored within 6 months
  • if still unfit: detention or conditional discharge within 90 days
  • annual review by review board
  • prima facie every 2 years: continue to provide sufficient evidence to proceed with trial (evidence lost or witness moves etc)
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12
Q

Prima facie

A

case in which the crown prosecutor must prove there is sufficient evidence to bring the case to trial

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13
Q

pirelli, gottdiener, Zapf

A
  • more incompetent’s have mental disorders
  • more likely to be unemployed and unmarried
  • competent more likely to have current violent criminal charge than non-violent
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14
Q

demographics of unfit/fit

A

fit - married
unfit - older females in minority group and single
US
- incompetent less likely to maintain employment and more severe mental illness
- African American more likely to be found incompetent
- incompetent more likely to have property or miscellaneous crimes

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15
Q

restoring fitness

A

treatment:
psychotropic medications - most common
or Tx programs to increase understanding of legal process and address problems that hinder ability to participate in defense - mixed research

Review:

  • accused fitness every year
  • sufficient case evidence every 2 years
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16
Q

Jackson v. Indiana

A

defendant should not be held for more than reasonable period to determine if they are competent (fit)

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17
Q

Starson v. Swayze

A

ruled can refuse medical treatment if understand the consequences
- when deteriorated mother became decision maker

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18
Q

R v. Demers

A

scc- unconstitutional to exercise continued state of control over someone who will never be fit to stand trial if they are no significant threat to society
- absolute discharge

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19
Q

Bill C-10

A

court can stay proceedings if:

  • accused is unlikely to ever become fit
  • accused does not pose significant threat to public safety
  • stay of proceedings is in interests of the proper administration of justice
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20
Q

insanity

A

impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence

21
Q

James Hadfield

A

attempted to assassinate king George the 3rd

- criminal lunatics act

22
Q

R v. McNaughton

A

McNaughton standard

  • historical standard for insanity that allowed defendants to be acquitted if they did not know what they were doing or that it was wrong
    1. must be suffering from a defect of reason or disease of the mind
    2. not know the nature of quality of the act they are performing
    3. must not know it is wrong
23
Q

R v. Swain

A

defendants found not guilty by reason of insanity could not be automatically detained until their level of dangerousness was decided or appropriate disposition was determined

  • defendant can claim at any time of trial
  • crown only after guilty verdict or if defendant raises first
24
Q

Not criminally responsible on account of mental disorder

A

mental state at time of offence

- could not estimate the consequences of their action or be held responsible for their behaviour

25
Q

Bill C-30 NCRMD

A
  • insanity changed to NCRMD
  • wording of standard was altered
  • review boards created
26
Q

review board

A

legal bodies mandated to oversee the care and disposition of defendants found unfit and or NCRMD

27
Q

Winko v. British columbia

A

NCRMD only detained if they pose threat to public otherwise absolute discharge

28
Q

Bill 68

A

after Brian Smith shot

  • “Brian’s Law”
  • community treatment orders
  • requires people with mental illness in the community to report to mental health caregiver on regular basis
  • when released from mental facility may be forced to take prescribed medication
29
Q

Raising NCRMD defense

A

1% of all cases
majority of cases crown and defense agree on
- public thinks this is much higher
- around 25% of 1% succeed as NCRMD

30
Q

Rogers criminal responsibility assessment scales (R-CRAS)

A

NCR assesment

  • patient reliability
  • organicity
  • psychopathology
  • cognitive control
  • behavioral control
  • by police reports and interviews etc.
31
Q

Review boards

A 
mandate to protect public safety while safeguarding the rights of NCRMD
take into account:
- charge information
- trial transcript
- criminal history
- risk assessment
- clinic history
- psychological testing
- hospital recommendation
 RB must
- protect public
- consider mental condition of accused
- reintegration of accused into society
- other needs of the accused
32
Q

capping

A

through bill C-30, max period of time a person with a mental illness could be affected by their disposition - around same time as prison sentence
- if dangerous can increase cap etc.

33
Q

R v. Parks

A

killed mother in law due to sleep walking

- automatism

34
Q

R v. Stone

A

noninsane and insane automatism
2 stage process for addressing defenses
1. sufficient evidence that jury could find involuntary
- psychiatric assessments
- severity of triggering event
- history of automatic behavior
2. determine if mental disorder (inane automatism) or non mental disorder (non insane automatism)

35
Q

Automatism

A

unconscious, involuntary behavior such that the person committing the act is not aware of what he or she is doing

36
Q

Dorothy Jourdie

A

insane automatism

37
Q

non insane automatism defenses

A
  • physical blow
  • physical ailments, such as stroke
  • hypoglycemia
  • carbon monoxide poisoning
  • sleepwalking
  • involuntary intoxication
  • psychological blow from an extraordinary external event that might reasonably be expected to cause a dissociated state in an average person
38
Q

R v. Deviault

A

sexual assault when intoxicated

  • no intent to commit act
  • Bill C-72 intoxication not recognized as a defense for violent crimes
39
Q

NCRMD accused stats

A 
average 
36 years old
49% completed high school
16% in relationship
44% living with family friend
72% governmental income support
94% severe mental illness
2.4% aboriginal
~ 70 % psychotic spectrum
40
Q

NCRMD index offense

A 
~ 65% offenses against person (assault/threats etc.)
7% murder/ attempted murder
34% against family
21% other known person
23% against professional
22% against strangers

72% previous hospitalization

41
Q

Do NCRMD reoffend

A

17% new offence (0.6% severe)

  • general population 34%
  • mental disorder population 70%
42
Q

Bill C-14

A

not criminally responsible reform act

  • enhance victims rights
  • increase emphasis on public safety
  • new high risk accused category - court not review board is needed to remove designation of high risk
43
Q

Mental illness in prison

A

3x more likely to be arrested than general public

  • 75% of mentally ill offenders have dual diagnoses
  • 58% prior psychiatric health care
44
Q

explanations for rates of mentally ill offenders

A
  1. disproportionate arrest rates
  2. more likely to get caught
  3. more likely to plead guilty - no access to good counsel
  4. more likely to be arrested for nuisance offenses
45
Q

Ashley Smith

A

Died by suicide in prison while on suicide watch

46
Q

community treatment order

A

sentence that allows the mentally ill offender to live in the community with stipulation that agree to treatment or detention in event condition deteriorates

47
Q

diversion

A

decision to not prosecute but rather undergo an educational or community service program. or mental illness facing minor charges divert into treatment program directly instead of going through court process

48
Q

Mental health courts objectives

A
  1. divert accused of minor offenses and offer an alternative
  2. facilitate evaluation of fitness to stand trial
  3. treatment for mental disorders
  4. decrease cycle of repeat offenders
49
Q

Mental health courts effective

A

lower rates of recidivism

Psychology 331 (10 decks)

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