Module 10 - NCRMD

Question 1

Draw structure of Canadian court system

Answer 1

See notes

Question 2

Aboriginal courts

Answer 2

• Overrepresentation (3% vs 18%)
• Why? Access to legal representation, commit crime with higher incarceration punishments, differential effect due to poverty
• Solution: Bill C-41 (particular considerations), Gladue reports (background info), restorative justice (community safety, accountability, skills development)

Question 3

Sentencing purposes

Answer 3

• General and specific deterrence
• Denounce unlawful conduct
• Separate offenders from society
• Rehabilitation
• Reparations
• Promote sense of responsibility and acknowledgement of harm to victim/society

Question 4

Sentencing principles

Answer 4

• Proportionate to offense (seriousness of crime) and responsibility of offender (age)
• Aggravating/mitigating circumstances such as hate crime, domestic abuse, abused position of trust, organized crime
• Similar sentencing for similar crimes
• Combined sentence should not be unduly harsh
• Avoid imprisonment if other appropriate sanctions (consider for all offenders)

Question 5

Sentencing options

Answer 5

• Absolute/conditional discharge (probation success = clean record)
• Suspended sentence: like conditional but you end up with criminal record, no actual consequence
• Restitution
• Fines/community service: 2nd most common
• Conditional sentence: served in community, most common i.e., probation
  o Intensive supervision probation: strict curfews + electronic monitoring
• Imprisonment: intermittent option, -2 years = provincial, 2+ years = federal
• Dangerous offenders: indefinite, repeat offenders with long-term offender status

Question 6

Disparities in sentencing

Answer 6

• Systemic disparities: consistent such as offense leniency, differences in personality/philosophy/experience, between judges
• Non-systemic disparities: inconsistent such as changes in mood/irrelevant stimuli/interpretations, within same judge (extra-legal)

Question 7

Offender treatment (RNR)

Answer 7

• Risk principle: target high risk of reoffending
• Need principle: effective if targeting criminogenic needs such as antisocial attitudes/peers/personality factors or substance abuse (not more than 3 rehab services at once)
• Responsivity principle: match general learning styles and abilities of offender + consider specific factors (ethnicity, culture, sensitivity, self-esteem)
• Most effective method to rehabilitate offenders

Question 8

Parole types

Answer 8

• Temporary absence: 1st type of release granted
• Day parole: treatment programs
• Full parole
• Statutory parole: after 2/3 of sentence

Question 9

Decision-making

Answer 9

• Eligibility for parole after 1/3 or 7 years of sentence
• Factors to consider: risk of reoffending, criminal history, social problems/relationships/employment, psychological reports/professional opinions, institutional behavior, info from victim, evidence of change, treatment benefits, performance on earlier release

Question 10

Dr. Serin’s structured procedure framework

Answer 10

• Decisions = equitable, transparent, defensible
• Key elements = domains regarding release decisions (release plan), issue with domains (protective factors), scoring mechanisms (aggravating, mitigating or no impact)

Question 11

Fitness

Answer 11

• Present competence at trial, no admission necessary, no plea, pause on proceedings
• Stems from right to fair trial
• Proposed by defense or prosecution

Question 12

NCRMD

Answer 12

• Time of offense (mens rea), admit guilt, plea, final adjudication
• Agreement of prosecution and defense
• 0.09% of cases with only 20% successful

Question 13

Psychiatrist

Answer 13

medical doctors, determine fitness but psychologists can assist

Question 14

Psychologist

Answer 14

clinical have PhDs and may conduct fitness evaluations in US

Question 15

Assessing fitness

Answer 15

• Review documentation
• Interview (assess malingering)
• Ask please available + definition
• Ask about their role, lawyer/judge’s role
• One piece of data isn’t enough (multiple measurements required)
• MMPI, FIT-R, Wechsler adult intelligence test

Question 16

Malingering

Answer 16

• Act more dramatically
• Mix together strong symptoms
• Evasive about details
• Inconsistencies in symptoms
• Openly discuss symptoms

Question 17

Outcomes of unfit

Answer 17

• Civil commitment = hospital but no crime
• 90 days then reexamination
• Focus on restoring fitness (educating + counselling)

Question 18

Legal insanity requirements

Answer 18

• Suffering from mental disorder or disease
• Did not understand nature and quality of act
• Not know actions were wrong

Question 19

Procedure in assessing NCRMD

Answer 19

• Confirm referral
• Review documents: school evaluation, previous psychiatric behavior, substance use, arrests
• Contact 3rd parties: parents, teachers, friends, witnesses, arresting officers
• Interview defendant (no confidentiality)
• Conduct testing: MMPI
• Write report: judge assesses

Question 20

Outcomes NCRMD

Answer 20

• Absolute
• Conditional discharge
• Psychiatric hospitalization: generally held indefinitely, then conditional discharge
• Considerations = public safety, mental state of defendant, reintegration of defendant, other needs of defendant

Question 21

Fitness requirements

Answer 21

• Cannot understand proceedings: basic understanding of adversarial court system, nature of charges, roles of judicial actors
• Can’t effectively communicate with counsel
• Cannot understand consequences: understand that they’ve been charges, what the verdicts could be
• (Only need 1 and it must be due to mental disorder/intellectual impairment)