midterm Flashcards
In assessing criminal responsibility, what methods are used?
interview accused, review records, interview people who know the accused, administer psychological tests
prov courts
1) trial courts
2) provincially appointed judges
3) they hear most CRIMINAL cases, about half of the family cases, almost all youth cases, and civil cases with small amounts of money
4) no option to be tried by jury
5) Decisions are not binding but persuasive to other courts of same level
which court do summary offences go to?
provincial court
Behavioural therapy
identify and change self-destructive behaviours
what is the role of an expert witness?
a person who testifies in court about opinions based on specialized knowledge that they possess
malingering
exaggerating/faking psychological/physical symptoms to achieve external incentive
which sec of the charter allowed legislators to pass a law that is contrary to Charter rights?
s. 1 - if it is a reasonable limit that can be demonstrably justified in a free and democratic society
In the BC Civil Commitment Procedures, what must the physician certify about the person in question?
1) requires treatment in or through designated facility
2) requires CARE, SUPERVISION, and CONTROL to prevent substantial mental/physical deterioration
3) cannot suitably be admitted VOLUNTARILY
a person is designated a “long-term offender” if
1) sentence of 2 years or more
2) substantial risk that the offender will reoffend
3) reasonable possibility of eventual control of the risk
harmony of competencies
a single standard should apply across all evaluations
____ competence is tested, not ______ competence
legal, psychological
ethical issues for correctional psychologists
confidentiality, informed consent, competence, identity of client (client is the institution the psychologist works at, not the inmate)
prov superior courts
1) trial courts
2) federally appointed judges
3) they hear some criminal/civil cases, applications for divorce, and appeals from prov courts on small claims, family cases, and less serious criminal matters
4) Decisions are binding and persuasive to other courts of the same level or lower
mental disorder may negate ____ ____
mens rea
what does conviction of manslaughter req?
the proof that the actions of the accused CAUSED the death of the victim, and the mens rea of 1st and 2nd degree CANNOT be proven
risk assessment purpose
to find likelihood that individuals will commit acts of violence and develop interventions to manage/reduce likelihood of violence
Constitution Act, 1867 - division of powers
powers to pass laws in Canada were divided so provinces were given jurisdiction over some areas and the federal gov were given powers to pass laws in other areas.
Haneys taxonomy to describe the multiple relationships of psych and the law (3)
1) psychology IN the law (how psych is used in legal issues)
2) psychology AND the law (using psychological principles to analyze and examine the legal system)
3) psychology OF the law (conjoint relationship between the law and psych)
what are the professional associations of forensic psychology? (3)
1) American Psychology-Law Society (AP-LS) - PRIMARY ONE
2) European Association of Psychology and Law (EAPL)
3) Australian and New Zealand Association of Psychiatry, Psychology and the Law (ANZAPPL)
mental disorder is _____ to be deemed NCRMD, but not _____
necessary, sufficient
who brings the case to court in civil law?
plaintiff
Parens Patriae excludes…
those who CANNOT be treated
SCC
1) Appeal court only
2) 5, 7, or 9 judges
3) federally appointed judges
4) binding on ALL inferior courts that are subject to that law
5) is not binding to itself and can reverse own decisions
respondent
used in CRIMINAL cases, respondent is the person responding to the appeal
the # of unfit and NCRMD defendants is rising. why?
issue of mental disorder is being raised more and courts are more likely to find the accused unfit or NCRMD
T/F: mental disorder ISN’T always necessary to establish incompetence
TRUE
4 sources of law
1) Charter
2) legislation (federal/provincial)
3) common law
4) administrative law
IF the accused ADMITS to committing the offence, there are 4 classes of defences
1) NEGATE the ACTUS REUS (involuntary act)
2) NEGATE the MENS REA (mentally disordered at time of offence)
3) Justification (self defence)
4) Excuse (entrapment, necessity)
For Haneys taxonomy of psychology OF the law, there are two major categories to examining psychology’s role in the law
1) psychologists can study the origins and existence of law
OR
2) psychologists can study HOW laws operate as a determinant of behaviour
there is no ____ ____ in Police powers
involuntary treatment
who is the trier of law and trier of fact if a case is being heard by a judge and jury
judge - trier of law
jury - trier of fact
when is statutory release?
after serving 2/3 of sentence UNLESS Crown can establish why they shouldn’t be released
ethical issues for evaluators and treatment providers
1) informed consent
2) confidentiality
3) competence
Offenders are assessed for (3) and the risk level determines (3)
1) suicide risk
2) risk to others
3) other assessments (e.g. healthcare needs)
1) level of security
2) type/intensity of treatment
3) level of risk of recidivism
what does conviction of second degree murder req?
the mens rea that the accused INTENDED to cause bodily harm, knew that death was likely, and recklessly disregarded it
NCRMD
mental disorder has resulted in inability to form intention to commit crime or inability to APPRECIATE that the crime was legally or morally wrong
NCRMD Offender release criteria
1) protection of the public
2) mental condition of detainee
3) reintegration of detainee back into society
4) other needs of offender
for medical assistance in dying, individuals MUST give their
informed consent. they must know of their medical diagnosis, available forms of treatment, and available options to relieve suffering
Administrative law
when fed/prov gov may DELEGATE powers to administrative tribunals. Administrative tribunals deal with issues such as:
1) allegations of breaches of human rights
2) employment standards
3) immigration
4) parole
5) and some mental health issues
a person is designated a “dangerous offender” if
1) convicted of a serious personal injury offence
2) offender constitutes a THREAT to the LIFE, SAFETY, PHYSICAL/MENTAL well being of other persons
what happens when an individual is found FIT to stand trial?
1) proceed to trial
2) MAY be detained in hospital for duration of TRIAL
child neglect
the omission of necessary acts by person who cares for child, resulting in safety and well-being of child being deliberately/recklessly threatened
who brings the case to court in criminal law?
the crown
purpose of civil law
restorative
Canada’s division of power is NOT residual power, but rather if…
the federal gov tries to pass a law in an area that is the exclusive domain of the prov’s, the federal gov will be struck down as ULTRA VIRES - outside the jurisdiction
admissibility
determination of whether or not evidence can be heard
Police powers: basis for authority =
public protection
for cases heard in PROV SUPERIOR COURTS, accused persons may elect TRIAL BY JUDGE ALONE or TRIAL BY JUDGE AND JURY IF…..
they may be subject to a prison term of 5 years or more.
appellant
used in CRIMINAL cases, appellant is the person calling for the appeal
cognitive behavioural therapy
identify, challenge, and change dysfunctional emotions, behaviours and thoughts
individuals found unfit are less likely to be charged with _____ ____ or have a ____ _____ disorder
violent crime, or have a substance use disorder
if the roots of forensic psych could be traced to one person, who would it be?
Hugo Munsterberg that wrote On the Witness Stand
list the 4 provinces in Canada where they hold the belief that people who are involuntarily committed are deemed incompetent to make treatment decisions
1) BC
2) Saskatchewan
3) Nova Scotia
4) Newfoundland/Labrador
defendant
defendant is the person responding to to the action brought upon by the plaintiff
common-law
law that derives from previously decided cases. Not written in legislation
Adjudicative competency/competency to proceed
umbrella term for all types of criminal competencies; fitness to stand trial
what is the standard of proof for civil law?
balance of probabilities
what is the role of an academic?
research, teaching, education-related
4 levels of courts (bottom to top)
1) prov courts
2) prov superior courts
3) prov courts of appeal
4) SCC
which court gives the option for judge alone or judge and jury?
provincial superior court
issues with risk assessment tools
1) definition of harm was not intended to match the legal definitions used in various jurisdictions
2) none are comprehensive and there is always an element of subjectivity
3) impossible to estimate the specific probability that an individual will commit harm in the future
explain s. 51 of the Charter and s. 24
s. 51 is for when legislation WRITTEN OUT infringes a charter right.
s. 24 is for when the way the law was APPLIED infringes a charter right
explain before the guidelines how parenting capacity evaluations were in practice
1) evaluators advocated towards one parent
2) spent about 19 hours on evaluations
3) use general psychological tests
4) didn’t make specific recommendations
dialectical behavioural therapy
learn new skills to manage dysfunctional emotions, behaviours and thoughts
prevalence of substance abuse and personality disorders in jails and prisons
up to 90%
since s. 7 of Charter gets violated with involuntary treatment, your procedural protections are
1) right to legal representation
2) right to regular review of commitment
3) party seeking civil commitment must prove grounds for civil commitment
4) decisions must respect LEAST RESTRICTIVE ALTERNATIVE PRINCIPLE
5) right to appeal commitment decisions
purpose of criminal law
Punitive
to get someone out of criminal responsibility, they must prove the presence of a mental disorder AND demonstrate that the person was incapable of
1) appreciate NATURE and QUALITY of act/omission
OR
2) knowing act/omission was WRONG
a doctoral level degree is required in order to become licensed as a psychologist in _____ ______ ______ _____
1) BC
2) Manitoba
3) Ontario
4) Quebec
define capitalized words. Civil Commitment is when there is an IMMINENT risk of SERIOUS harm due to ACUTE mental disorder
IMMINENT: likely to occur in immediate future
SERIOUS: harm has potential to result in major injury/death
ACUTE: serious mental disorder that impairs rational decision making and regulating actions
Rogers Criminal Responsibility Assessment Scale
Systematically quantifies psychological (e.g., serious of hallucinations) & situational (e.g., level of intoxication) variables at time of offence
s. 91
federal powers
why would it be better for the court to appoint experts?
it may help with UNBIASED testimony and have a POSITIVE effect on the perceived credibility of the experts
remand facilities detain individuals when
1) they are serving a sentence less than 2yrs
2) they are given a federal sentence and must remain in remand until the appeal period expires
3) they have outstanding charges/awaiting transfer to another facility
4) other admin/legal reasons
ethical issues for trial consultants
must be sure to practice within the bounds of their competence, guaranteeing the outcome of a case, ensure that sample sizes are large, honestly report data, not taint witnesses during prep
mens rea
a guilt mind
Prevalence of psychotic disorders in jails and prisons
up to 10%
which court has no jury option?
provincial court
the doctrine of stare decisis is important because it provides a measure of ______ and _____ in the law
predictability and certainty
weight
determination of how important evidence is deemed to be
who much prove the case in civil law?
plaintiff
what are the crimes for cases involving NCRMD?
14% murder; 54% violent offences
child maltreatment is heavily influenced by _____ _____
cultural considerations
Parens Patriae powers
having the power to act as GUARDIAN/CARETAKER for PHYSICALLY/MENTALLY ILL and MAKE DECISIONS about welfare
for medical assistance in dying, individuals must give informed consent at
1) the time of request
2) immediately before medical assistance in dying is provided
Indictable offences
more serious offences. 3 classifications;
1) some indictable offences are WITHIN the exclusive jurisdiction of a SUPERIOR court (most serious - 1st degree)
2) some indictable offences are WITHIN the exclusive jurisdiction of the PROVINCIAL court (least serious - betting house)
3) some are ELECTABLE offences. The accused decides if the case will be heard in a provincial or in a superior court (ex. manslaughter)
MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)
it measures an individuals ability to plead guilty and proceed to trial.
It assesses the accused;
1) APPRECIATION of own legal situation and circumstances
2) UNDERSTANDING of the legal process
3) REASONING about relevant info and legal options
Inquisitorial system
1) Used in European countries.
2) Law is codified.
3) Judges play an active role at trial in terms of directing the trial and INQUIRING.
4) experts are appointed by the court
what is the role of a treatment provider at the criminal and civil level?
offer treatment/programs for those involved in the criminal/civil proceedings
Criminal: restore competence, develop programs for offenders unfit to stand trial, insane at time of crime, or at high-risk to re-offend
Civil: provide family services, treat psychological injuries
ethical issues and challenges for psychologists? (4)
1) multiple roles taken on
2) confidentiality and privilege
3) being objective/neutral (no favouring sides/concealing info)
4) conducting ethical research (informed consent/voluntary participation. Honestly report data)
what is the standard of proof for criminal law?
beyond a reasonable doubt
Haney notes that the roles and expectations of psychologists differ in his three categories
1) psychology in law - passive
2) psychology and law - autonomous
3) psychology of law - autonomous
“violation of community standards”
acts/omissions considered child maltreatment when they are culturally abnormal/deviant
Guidelines for Child Custody Evaluations in Divorce Proceedings
established in 1994. Guidelines for parenting capacity evaluations
what is the standard of proof for NCRMD?
balance of probabilities
how often should a court review a case with an unfit accused?
every 2 years to ensure prima facie case
s. 92
provincial powers
what is the characteristics of the type of people sent for assessments
male, single, unemployed, living alone, history of contact with justice and mental health systems, and diagnoses of a MAJOR mental disorder
what is the role of a trial consultant (aka jury consultant)?
someone who works with attorneys to assist in case strategy and witness prep, and in the US, jury selection (NOT in Canada). They also do research to help attorney in preparing for a case by conducting community surveys, focus groups jury simulations, shadow juries, and mock trials
What does conviction of first degree murder req?
that accused PLANNED and deliberated on the murder
Police powers DOES NOT exclude
those who cannot be treated
who makes the decisions in Parens Patriae?
mental health professionals
How do practitioners apply to the board? why?
why? to become licensed.
1) completed required psychology courses
2) completed a certain # of hours of supervised clinical contact
3) passed a provincial licensing exam
two systems of law
1) Inquisitorial
2) Adversarial
what are the three dispositions for NCRMD acquittees?
1) absolute discharge
2) conditional discharge
3) detention in hospital (with/without conditions)
dispositions (except absolute discharge) must be reviewed yearly
what is the hospitalization percentage for NCRMD individuals?
85%
when can inmates apply for parole?
after serving 1/3 of the sentence
in criminal and civil proceedings? who is responsible for the costs of the defence?
the defendant
3 types of evidence
1) source of evidence law (common law)
2) admissible evidence
3) opinion/expert opinion
what is the role of a correctional psychologist?
work in a correctional setting with inmates and offenders. They engage in direct service delivery (evaluation and treatment) of individuals that are convicted/on probation/ parole.
parenting capacity evaluations
psychological assessments of individuals’ suitability to act as caregivers for children
risk assessment: actuarial
nomothetic and quantitative
the 2 most common ethical issues for psychologists in ANY role
1) multiple roles
2) confidentiality
risk assessment: unstructured clinical judgement
ideographic and qualitative
explain after the guidelines how parenting capacity evaluations are in practice now
1) evaluators act as neutral, court-appointed experts
2) evaluators take around 21-24 hours
3) specific psychological tests
4) increased recommendations
if mens rea is NOT present, accused cannot be found ____ _____
criminally responsible
can forensic psychologists be nonconfidential?
yes. They are assessing somebody for the courts so they must give relevant info to the relevant parties and nobody else.
single standard
= “limited cognitive capacity”
plaintiff
used in CIVIL cases, person bringing the action is the plaintiff
what happens when an individual is found UNFIT to stand trial
1) plea is revoked
2) jury is dismissed (if there is any)
3) Court may order DISPOSITION or may refer case to REVIEW BOARD for disposition
4) fitness must be reviewed every year
5) court must review case every 2 years (until accused is acquitted) to ensure PRIMA FACIE case
competency to proceed
the ability pf a defendant to proceed through the criminal adjudication process
if the alleged discriminator is NOT under federal jurisdiction, the case may be heard by…
the applicable provincial human rights code by a human rights tribunal.
expert evidence
opinion evidence provided by a witness with specialized knowledge
who pays for the prosecution in civil law?
plaintiff
what is the goal, location, duration, and treatment with mentally disordered offenders
goal: reduce recidivism and symptoms of mental disorder
location: jail or prison
duration: short for jail, long for prison
treatment: psychotropic drugs, psychological treatment, skills training
what are the issues with advance directives?
1) cannot anticipate all future circumstances
2) not all jurisdictions bound by advanced directives
for causal nexus, how can it be proven that mental disorder is associated with risk of harm?
by giving sound explanation and ruling out all other plausible explanations
prov courts of appeal
1) hear civil/criminal appeals
2) evidence not presented at trial cannot be raised on appeal
3) federally appointed judges in groups of 3 of 5
4) final decision is of majority not unanimous
5) crown or defence can apply for appeal
6) binding on superior courts and prov courts and persuasive to other courts with same law
which type of court in Canada ALWAYS has preliminary inquiry?
provincial superior court
actus reus
an evil ACT
who decides if accused should be held criminally responsible?
judge or jury
definition of nature/degree of harm varies across jurisdictions but what do all jurisdictions consider of risk of harm?
they consider risk of harm that is IMMINENT and SERIOUS
most offences carry ____ but not ______ sentences
maximum, but not minimum
standard of proof that accused is unfit
balance of probabilities
child abuse
the commission of acts that deliberately/recklessly threaten the safety and well-being of children
prevalence of more moderate mental disorders in jails and prisons
up to 40%
purpose of civil law
to restore the injured party the the pre-injury state
evidence will be heard by
trier of law and trier of fact
forensic psychology roles (7)
1) trial consultant
2) expert witness
3) evaluator
4) treatment providers
5) correctional psychologist
6) researcher
7) academic
Electable offences
when the accused gets to choose if the case will be heard in prov court (judge alone) or superior court (judge/judge and jury)
risk management
strategy for attempting to REDUCE likelihood that individual will be violent by DESCRIBING CONDITIONS under which individuals risks may INCREASE/DECREASE
Define criminal law
law that relates to CRIME and involves PROSECUTION by the government of a person who has been charged with a crime
how to read an appeal decision
1) determine who is bringing the appeal and who is responding to the appeal
2) read the HEADNOTE (abstract) at the beginning of the case
3) determine how many judges are sitting on the panel
4) identify clearly the issues that are the basis of the appeal
what is the purpose of legislation for judges?
to provide GUIDELINES that should be particular enough to allow a judge to apply them reasonably to a set of facts
who is the trier of law and fact if a case is being heard by a judge alone?
the judge
3 types of risk assessments
1) unstructured clinical judgement
2) actuarial
3) structured professional judgement
what is involved in a serious personal injury offence?
1) use/attempted use of violence OR
2) Endangering the life/safety of another person OR inflicting sever psychological damage OR
3) commit/attempt to commit sexual assault
Each province has a regulatory board that is made from members of the profession and the public. What’s the purpose?
protection of the public from incompetent/unethical psychologists.
who pays for the defence in criminal law?
defendant
who decides length of sentence in sentencing?
judge
what is the remedy for civil law?
monetary
what is the remedy for criminal law?
restriction of liberty
the crown can raise the issue of an accused mental state ONLY IF
1) the accused person puts their mental state in issue
2) a guilt verdict has been rendered
mental health services in prisons
more, medication is most common treatment, therapy is offered too, and have special prison sections for most serious MD
On question of LAW, who may apply to the SCC?
either accused or the Crown
the 4 criteria for admission of expert opinion evidence
1) must be NECESSARY
2) must be RELEVANT
3) must be given by a PROPERLY QUALIFIED EXPERT
4) NO EXCLUSIONARY RULES render evidence inadmissible
what is the oldest test of legal “insanity”?
the M’Naghten test
Adversarial system
1) Based on common law (based on past court decisions)
2) Lawyers present evidence and examine witnesses
3) Judges role is to be the FINAL arbitrator
4) expert witnesses are appointed by one party
two ways the charter rights can be infringed
1) the law ITSELF may infringe Charter rights
2) the WAY the law was APPLIED may infringe Charter rights
competency tests are done to decide ______, not ______
incompetence, not competence
The Charter can not be overridden by statute law or common law, unless…
1) the Charter can be overridden when an INFRINGEMENT can be demonstrably justified in a free and democratic society
or
2) if the notwithstanding clause is invoked
In the United States, what are Brandeis briefs referred to as?
amicus curiae (friend of the court) briefs
ethical issues for academics
close to same as researchers but also…being aware of multiple roles with students, respecting the power differential between the academic and student, and giving proper credit when due
what kind of mental illness is this: “Interspecies predators who use charm, manipulation, intimidation, and violence to control others and to satisfy their own selfish needs. Lacking in conscience and in feelings for others, they cold-bloodedly take what they want and do as they please, violating social norms and expectations without the slightest sense of guilt or regret”
psychopathy. consistently associated with CRIMINAL BEHAVIOUR and VIOLENCE
define person with a mental disorder
a person with a disorder of the mind that req treatment and seriously impairs the persons ability to
1) react appropriately to the persons environment OR
2) to associate with others
Under s. 11(b), an accused has a right to a trial within a reasonable period. When does the time begin? when the charge is laid or when the offence occurred?
when the charge is laid
People see the _____ system as more fair
adversarial
how often should fitness be reviewed when an individual is found unfit
every year
what is the role of an evaluator at the criminal and civil level?
assess mental health issues related to legal issues.
Criminal: defendants mental health, mental state, or future risk
Civil: psychological injuries, custody disputes
Police powers
power to control those who threaten public order (doesn’t matter if they’re ill or not in any way)
what happens when the WAY a law was APPLIED infringes charter rights?
(ex. cops question you in police car before you can consult a lawyer and you make an incriminating statement)
s. 24 of charter allows you to do either
1) Apply any remedy that is just and appropriate in the circumstances (e.g. stay the proceedings)
2) Evidence is deemed inadmissible
two situations where proof of mental disorder is NECESSARY
1) assessment of FITNESS TO STAND TRIAL
2) assessment of CRIMINAL RESPONSIBILITY
in VIOLENCE risk assessments, they must consider
1) NATURE of violence
2) SEVERITY of violence
3) FREQUENCY of violence
4) IMMINENCE of violence
5) LIKELIHOOD that violence will occur
6) RISK MANAGEMENT
explain the procedures in civil commitment
1) individual brought to attention of a PERSON IN AUTHORITY
2) person in authority GATHERS INFO and determines whether there is sufficient evidence to commit individual
3) Case is reviewed by tribunal, review board or court
civil commitment
involuntary treatment/hospitalization of individuals who pose a risk to themselves/others because of mental disorder
causal nexus
mental disorder MAY be associate with risk, but not always
unfit to stand trial: goal, location, duration and treatment type
goal: restore fitness
location: inpatient treatment
duration: short term (6mo-1 year)
treatment: psychotropic drugs
what do the courts/review board have to consider for NCRMD acquittees?
1) protection of the public
2) mental condition of accused
3) reintegration of accused into society
4) other needs of the accused
ethical issues for researchers
reporting data honestly, obtaining informed consent, being honest about risk and harm, voluntary participation.
Stare decisis
“let the decision begin”
judges are bound to decide like cases alike
It is necessary to be licensed in the role of ____, _____ or ______. but not necessary in the role of _____, ____, _____, ______, ______
evaluator, treatment provider, or expert witness.
trial consultant, research, academic, correctional psychologist and expert witness.
who must prove the case in criminal law?
crown
briefly describe legal history of child custody
1) pre-1800’s - children are fathers property
2) mid-1800’s - “tender years” where mothers should be granted custody
3) mid-1900’s - “best interests of the child”
Hybrid offences
when a court process may proceed as indictable offences OR as summary offences, at discretion of the CROWN
law is interested in ____ vs. lifetime diagnoses
law is interested in CURRENT
list the 6 provinces where there is a separate test for competence to make treatment decisions
1) Alberta
2) Manitoba
3) Ontario
4) Quebec
5) PEI
civil commitment outcomes and alternatives
may be effective in short term. Alternatives; 1) outpatient commitment 2) advance directives 3) better voluntary health care services
who makes the decisions in Police powers
legal system
what is a GENERAL expert witness?
when a person with specialized knowledge gives a testimony NOT on that specific defendant, but to testify on broader psychological principles that they have specialized knowledge about. Can be done in conjunction with other roles
NCRMD: goal, location, duration, treatment
goal: long-term management of mental disorder
location: forensic psychiatrist hospital
duration: long term
treatment: psychotropic drugs, psychological treatments, skills training
M’Naghten standard
Must prove that at the time of committing the offence, the accused had a disease of the mind that caused him/her to not understand nature & quality of act or not understand that act was wrong
how does a Brandeis brief differ from expert testimony? (4)
Brandeis briefs are:
1) often used in constitutional litigation
2) the evidence is documentary as opposed to oral
3) the author(s) of a Brandeis report are not sworn witnesses
4) the contents of the brief are not subject to cross-examination
Summary offences
Less serious offences. Penalty is no more than $2000 and/or a prison term of not more than 6 months
risk assessment: structured professional judgement
quantitative and qualitative
If a law is passed that infringers a Charter right, ____ of the Charter allowed a court to do (3)
s. 52
1) strike down the legislation in its entirety
2) rewrite/revise
3) may read in elements that bring the legislation in line with the charter
Parens Patriae includes _____ treatment
involuntary treatment
ethical issues for expert witnesses
objectivity and neutrality
to get medical assistance in dying, an individual must be suffering from a _____ and ____ medical condition
grievous and irremediable
FIT-R
Fitness Interview Test Revised. Made specifically for Canada. Identifies those who ARE fit to stand trial. Identifies those who MAY BE UNFIT and who should proceed to a more thorough evaluation of fitness to stand trial
How frequently do you think the NCRMD defense is used?
0-10% of cases 10-20% of cases 20-30% of cases 30-40% of cases 40-50% of cases
0-10%.
actual use: 0.9%
T/F: you do NOT need to have a fatal or terminal condition to be eligible for medical assistance in dying
TRUE. you don’t need to have a fatal or terminal condition
purpose of criminal law
to deal with the perpetrator
2 human rights protections in Canada and criteria for determining which law to use
1) Charter
2) human rights codes
criteria
1) identity of the alleged discriminator
2) nature of the discrimination
is SCC bound by its own decisions?
no
what are the 5 psychologically relevant constructs looked at in the Rogers Criminal Responsibility Assessment Scale
1) organicity
2) psychopathology
3) cognitive control
4) behavioural control
5) reliability of report
each power in the division of power is called
“head of power”
define forensic psychology
the practice of psychology (including research and indirect service and consultation) within/in conjunction with EITHER or BOTH sides of the legal system - CRIMINAL and CIVIL.
who pays for the prosecution in criminal law?
the state
all info that is logically probative of a material fact will be admitted in evidence, UNLESS (3)
1) its unreliable (hearsay)
2) its prejudicial effect OUTWEIGHS its probative value
3) it should be prohibited based on policy grounds (Charter)
What was the official publication name of the AP-LS?
Law and Human Behaviour
child maltreatment
the abuse or neglect of children by parents or others in position of power, trust, or responsibility
are remand facilities at provincial or federal institutions?
provincial institutions
what is the role of a researcher?
design/implement research on psych issues relevant to law
Parens Patriae: basis for authority =
care and treatment
pros of inquisitorial system
Experts feel LESS PRESSURE to be biased and experts are perceived as more credible
doctrine of competency (4)
1) it is wrong to proceed if accused person is incompetent
2) protects right of individual to participate in process
3) protects dignity/integrity of court proceedings
4) competence = fitness
Outpatient commitment and issues with it (3)
individuals live in community under conditions Issues; 1) treatment still coerced 2) net widening 3) may not be effective
mental health services in jails
few, mostly identifying and administering medications, and drug and alcohol services
what type is the assessment focus on in remand facilities
identifying major mental illness and identifying need for short-term urgent intervention
“limited cognitive capacity test”
test done to see competency to proceed. Individuals must demonstrate profound deficiencies in the requisite abilities
who pays for the defence in civil law?
defendant
how many acquittals happen in NCRMD cases?
26%
a psychology brief given to the courts to consider became known as _____ ______
Brandeis briefs. Louis Brandeis came up with a brief talking about the impact that loner working hours had on the health and well-being of women and that was the first time a brief was ever used.
characteristics of NCRMD acquittees
male, single, minimally educated, majority psychotic disorder (schizophrenia most common), acquitted for violent offence, 20-29, unemployed, major mental illness, prior contact with justice and mental health systems
Advance directives
people can express their treatment preferences for the future when they are fully competent. If mental disorder ever impairs competence, treatment proceeds according to their advance directive
