Topic 13 - Part 2 Flashcards
CJS & Mental Illness
CJS is not a place for people who are mentally ill
correctional system as Canada’s largest MH service provider
- Mental illness is 2-3 time more common in prisons than in the general population
Mental Illness & the Justice System
Fitness to stand trial
Not crimilalt respobsile (insanity)
Enter with pre-existing mental health issues
Devleop mental heath issues within justice system
Fitness to stand trial
For a person being charged with a crime to be tried fairly, they should
- Have an understanding of charges and proceedings
- Be able to help in preparing their defence
A defendant is unfit to stand trial if s/he is unable to
- understand the nature or object of proceedings
- Understand the possible consequences of proceedings
- Communicate with consel
Criminal guilt
Insanity is a legal definition, NOT a psychological criminally guilty,It requires two thing
- Actus reus - the guilty action
- Mens rea - the guilty mind (intent)
mental illness can negate the mens rea of an offence
NCRMD - current test
S.16 Canadian Criminial Code
- no person is criminally responsible for an act committed or a commission made while
a) Suffering from a mental disorder at the time of the offence that
b) rendered that person incapable of appreciating the nature of and quality of an act or omission OR
c) Knowing that it was wrong
Myths regarding NCMRD
Frequent use
- Thought to be used a lot, but only 1% of felony cases use I,t and 75% of them fail
Craft cons
- Thought to be a loophole, only 10% of cases involve a successful NCR plea
Extremely dangerous
- People likely to re-offend, most NCR cases are non-violent
Criminalization of mental illness
Behaving in disruptive or disorderly ways due to symptoms
In the system
- Issues accessing quality legal representation
- Lack of services in prison/jail
- prison is bad for your mental health
Policing
Police as “frontline mental health workers”
- First responders for people in crisis
- can direct Mh system or CJS
Incarceration
1 in 10 males and 3 in 10 females enter federal custody with pre-existing MH issues
41% of ON prisoners have at least one current, severe symptom indicative of a mental problem
Jails not equipped to provide care
Solitary confinement (The old system)
Disiplinary
- punishment for inmates who have violated institutional rules or committed offenses in custody
- maximum of 30 consecutive days which can be extended
Administrative
- Inmates’ presence poses a safety risk
- no limit! returned at earliest appropriate time
Solitary confinement practices in Canada (the new system )
2019: Canada ended administrative segregation
2019: Introduced “structured intervention units”
- 4 hours a day outside cell
- 2 hours of meaningful human contact
Effects of solitary confinement
profound psychological impact
Hallucinations
Cognitive disabilites
Insomnia
Self-harm
Paranoia
Suicidal tendencies & more
