NCR

Question 1

Define mens rea

Answer 1

an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness.

Question 2

what is the relationship between mens rea and NCR disposition

Answer 2

Rather than be sentenced by a judge, a person who has been found not criminally responsible (NCR) is typically sent to a Mental Health Review Board for disposition (a plan). at a minimum, most individuals are required to present to their provincial board of review annually until they are discharged. The disposition NCR is a legal decision somewhat similar to a sentence.

Question 3

what supports does Sean receive outside hospital to support his recovery?

Answer 3

work program, housing, community nurse, access to forensic psychiatrist, review board requirements

Question 4

what protection did the Ontario review board offer to Julie’s family?

Answer 4

• Order to limit travel to Cornwall (not within 250 Km
• Maintained control over case so that violations would result in re-hospitalization
• Required treatment – medications, living, vocation (hooked to income?)
• Likely substance-use restrictions and subject to blood/urine testing
• The Board required that Sean take his medications and comply with all aspects of the disposition

Question 5

From a social justice perspective, how does the Review Board’s work balance Sean and Julie’s needs?

Answer 5

This may not feel like a ‘win’ for either side so the term “balance”
• Safety for Julie – feels she is targeted and vulnerable (exposed)
• Julie and her family expressed worry for others if Sean went off his meds and they were also concerned for their own safety and vulnerability
• Hope for Sean – recovery is a long process and outcomes are poor outside a systemic and organized recovery program
• Sean wished to get his autonomy back
• He viewed the disposition as controlling given the powers the RN and others had
• Sean wanted his “sanity” back and he agreed to receive his meds. He had a fear of reoffending if he didn’t get treatment.
• Sean was hurt that he was made to seem like a ‘serial killer’ by the defense lawyer and he was quite sure that having Julie’s parents present diminished his likelihood of receiving a discharged from the disposition and board of review controls