Responding to People with Mental Illnesses and Drug Offences Flashcards
Diversion
reflection of people with mental illnesses who have committed an offence away from the criminal justice system and toward mental health and social services
What is the main goal of diversion?
the whole idea is to prevent recidivism by increasing compliance
Can you force an individual into a diversion program?
no - must voluntarily agree to attend mental health treatment and other services
When are diversion strategies applicable?
applicable at all stages of the criminal justice process, from pre-arrest to post-incarceration
Provincial Mental Health Diversion Program (PMHDP)
an alternative to traditional court for individuals with mental health issues that have committed minor offences
Who determines eligibility and admittance into PMHDP?
Crown acts as first gatekeeper, mental health diversion service clinicians as second gatekeeper
Eligibility for PMHDP
- minor offence(s) - assault, murder, sexual assault, robbery do not apply
- diagnosed or suspected mental disorder
- reasonable likelihood of conviction for the charged offence(s)
- the individual is low risk (for violence)
- consents and motivated to participate in the program
- there needs to be availability of services for the individual
Problem-solving Courts
specialized courts that are designed to divert offenders with special needs from the criminal justice system
What are the three defining features of problem solving courts?
- focus on addressing underlying problems
- interagency collaboration
- accountability to community
Therapeutic Justice
an approach in problem-solving courts that uses the law and the court’s authority as change agents to promote the health and well-being of offenders while ensuring that their legal rights are protected and that justice is done
Who is Edmonton Mental Health Courts (MHC) available to?
available for adults (18 years+) charged with an offence who hav an ongoing mental health issue
What sort of methods are used in MHC?
incarceration is a last resort, however probation and other methods are still used
What kind of court is MHC?
- specialized docket court
Does MHC determine guilt?
no - is about determining rehabilitation avenues
admission requirements for MHC
- reasonable belief that accused has a mental illness or brain injury/neurological deficit
- reasonable belied that there is a relevant connection between the mental health condition of the accused and alleged criminal offence
- cannot be subject to excluded offences (e.g., murder)
mend
Who makes the formal recommendation to refer an individual to MHC ?
only a Justice can formally refer to MHC; Counsel can recommend
Unfit to Stand Trial
unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to:
- understand the nature or object of the proceedings
- understand the possible consequences of the proceedings, or
- communicate with counsel
What are the three stages in determining fitness?
- judge deliberates on whether to issue an assessment order
- assessment of the accused’s mental condition by a psychiatrist
- fitness hearing
Not Criminally Responsible on Account of Mental Disorder (NCRMD)
no person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission of knowing that it was wrong
How is NCRMD determined?
determined on a balance of probabilities
- not used beyond a reasonable doubt
- 49/51
Where does the burden of proof lie with NCRMD’s?
- rests on the party that raises the issue
- a lot of times there is a joint submission
- judge most of the time approves joint submissions
If an assessment is ordered by the court, is it a finding of guilt?
no, because they are admitting to doing the act, they did not have the consciousness to understand the weight of their actions
what are some of the options available for an individual determined NCRMD?
- detention within a hospital
- conditional discharge
- absolute discharge
Forensic Mental Health System
specialized therapeutic and support services to assess and treat people with mental illnesses who are at risk of criminal behavior
