Mental illness in the criminal justice system Flashcards
actus reus
wrongful deed
Mens rea
Criminal intent
unfit to stand trial
refers to an inability to conduct a defense at any stage of the proceedings on account of a person’s mental disorder
R v. Balliram
unfit person cannot cannot be sentenced
R v. Pritchard
criteria for fitness to stand trial
- defendant is mute of malice (intentionality)
- defendant can plead to the indictment
- defendant has sufficient cognitive capacity to understand trial proceedings
Bill C-30
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
R v. Taylor
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
Fitness evaluations when raised, stats
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
Fitness Instruments
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)
Fitness interview Test revised (FIT-R)
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)
fitness to stand trial procedure
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)
Prima facie
case in which the crown prosecutor must prove there is sufficient evidence to bring the case to trial
pirelli, gottdiener, Zapf
- 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
demographics of unfit/fit
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
restoring fitness
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
Jackson v. Indiana
defendant should not be held for more than reasonable period to determine if they are competent (fit)
Starson v. Swayze
ruled can refuse medical treatment if understand the consequences
- when deteriorated mother became decision maker
R v. Demers
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
Bill C-10
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
insanity
impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence
James Hadfield
attempted to assassinate king George the 3rd
- criminal lunatics act
R v. McNaughton
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
R v. Swain
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
Not criminally responsible on account of mental disorder
mental state at time of offence
- could not estimate the consequences of their action or be held responsible for their behaviour
Bill C-30 NCRMD
- insanity changed to NCRMD
- wording of standard was altered
- review boards created
review board
legal bodies mandated to oversee the care and disposition of defendants found unfit and or NCRMD
Winko v. British columbia
NCRMD only detained if they pose threat to public otherwise absolute discharge
Bill 68
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
Raising NCRMD defense
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
Rogers criminal responsibility assessment scales (R-CRAS)
NCR assesment
- patient reliability
- organicity
- psychopathology
- cognitive control
- behavioral control
- by police reports and interviews etc.
Review boards
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
capping
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.
R v. Parks
killed mother in law due to sleep walking
- automatism
R v. Stone
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)
Automatism
unconscious, involuntary behavior such that the person committing the act is not aware of what he or she is doing
Dorothy Jourdie
insane automatism
non insane automatism defenses
- 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
R v. Deviault
sexual assault when intoxicated
- no intent to commit act
- Bill C-72 intoxication not recognized as a defense for violent crimes
NCRMD accused stats
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
NCRMD index offense
~ 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
Do NCRMD reoffend
17% new offence (0.6% severe)
- general population 34%
- mental disorder population 70%
Bill C-14
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
Mental illness in prison
3x more likely to be arrested than general public
- 75% of mentally ill offenders have dual diagnoses
- 58% prior psychiatric health care
explanations for rates of mentally ill offenders
- disproportionate arrest rates
- more likely to get caught
- more likely to plead guilty - no access to good counsel
- more likely to be arrested for nuisance offenses
Ashley Smith
Died by suicide in prison while on suicide watch
community treatment order
sentence that allows the mentally ill offender to live in the community with stipulation that agree to treatment or detention in event condition deteriorates
diversion
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
Mental health courts objectives
- divert accused of minor offenses and offer an alternative
- facilitate evaluation of fitness to stand trial
- treatment for mental disorders
- decrease cycle of repeat offenders
Mental health courts effective
lower rates of recidivism
