Chapter 8 Flashcards
(71 cards)
1
Q
What are the two elements that must be present for criminal guilt?
A
- Actus reus – A wrongful deed
- Mens rea – Criminal intent
2
Q
How must guilt be proven in a criminal case?
A
Beyond a reasonable doubt.
3
Q
How can mental health issues affect a criminal case?
A
They can call actus reus and mens rea into question.
4
Q
What does “Fitness to Stand Trial” refer to?
A
A defendant’s mental state at the time of court proceedings (not when the crime was committed).
5
Q
What does it mean to be unfit to stand trial?
A
Inability to conduct a defense at any stage due to a mental disorder.
6
Q
What are signs a defendant is unfit to stand trial?
A
->Doesn’t understand court proceedings
->Can’t communicate with their lawyer
->Can’t understand the facts of their case
7
Q
What precedent did R. v. Prichard (1836) set for fitness to stand trial?
A
- Whether the defendant is mute of malice (intentional silence).
- Whether the defendant can plead to the charge.
- Whether the defendant understands court proceedings.
8
Q
Under Bill C-30, when is a defendant deemed unfit to stand trial?
A
If they cannot:
- Understand the nature of the proceedings.
- Understand the possible consequences.
- Communicate with counsel.
9
Q
What changes did Bill C-30 introduce?
A
-> Defendants can be held for a fitness evaluation.
-> Evaluations have a five-day limit (extendable if necessary).
-> Detention cannot exceed 60 days.
10
Q
When can fitness be raised in court?
A
At any point from arrest to sentencing.
11
Q
Who can question a defendant’s fitness?
A
Defense, Crown Counsel, or Judge.
12
Q
Who has the burden of proof for fitness to stand trial?
A
The party that raises the issue must prove unfitness on a balance of probabilities.
13
Q
What is a prima facie case?
A
An initial evaluation to see if there is enough evidence to proceed to trial.
14
Q
Who is authorized to assess fitness to stand trial in Canada?
A
-> Medical practitioners
-> Others designated by the Attorney General
(Psychologists may assist but cannot conduct full assessments)
15
Q
What is the FIT-R?
A
A semi-structured interview used to assess fitness to stand trial.
16
Q
How are responses scored on the FIT-R?
A
->0 = Little/no impairment
->1 = Some impairment
->2 = Very impaired
17
Q
What three areas does the FIT-R assess?
A
- Understanding of the nature and object of the proceedings
- Understanding of possible consequences
- Ability to communicate with counsel
18
Q
What are the possible outcomes after a fitness assessment?
A
-> Fit to stand trial → Trial continues
-> Unfit to stand trial → May receive:
1. Absolute discharge
2. Conditional discharge
3. Custody detention with treatment
19
Q
What characteristics are more common in unfit defendants?
A
->Single
->Unemployed
->Living alone
->Older females from minority groups
->Diagnosed with psychotic disorders
20
Q
What is the goal of restoring fitness?
A
To help the defendant become fit for trial.
21
Q
What is the most common treatment to restore fitness?
A
Medication and compliance with treatment.
22
Q
Can a defendant refuse medication?
A
Yes, but the court may impose a treatment order in some cases.
23
Q
What ethical concern arises with court-ordered medication?
A
Whether justice is truly being served if a defendant is forced to take medication to stand trial.
24
Q
How often does the court review the case of an unfit defendant?
A
->Every 2 years for adults
->Every year for youth
25
What happens if a defendant is found unfit to stand trial?
->Proceedings are halted until they become fit
->They may be detained or conditionally discharged
26
When must an unfit defendant be reassessed?
Within 45 days
27
What happens if a defendant remains unfit after 90 days?
They are referred to a review board for annual reviews.
28
When can the court drop an unfit defendant’s case?
If there is no longer enough evidence to proceed (Not Guilty verdict).
29
What does Bill C-10 say about unfit defendants?
->Review boards cannot absolutely discharge an unfit accused.
->Only courts can grant absolute discharge.
30
When can the court order a stay of proceedings for an unfit defendant?
If:
1. The accused is unlikely to ever become fit
2. The accused does not pose a significant threat to the public
3. It is in the interest of the proper administration of justice
31
What makes a defendant unfit to stand trial?
If they are unable to:
-> Understand what’s happening in court
-> State the facts of the case to their lawyer
-> Understand possible consequences
-> Recognize the roles of the judge, lawyers, etc.
(Fitness is about maneuvering the court system, not innocence or guilt.)
32
Can a jury raise the issue of a defendant’s fitness?
No, only the judge can raise the issue.
33
What does Canada’s insanity standard focus on?
The defendant’s mental state at the time of the offense.
34
What is the legal definition of insanity?
A state where a person is not of sound mind, mentally deranged, or irrational, which removes criminal responsibility.
35
What are two famous insanity defense cases?
1. James Hadfield (1800)
-> Attempted to assassinate King George III
-> Had significant head trauma from war
-> Found not guilty due to insanity
-> Led to the Criminal Lunatics Act
2. R. v. McNaughton (1843)
-> Tried to assassinate the Prime Minister but killed his secretary
->Also found not guilty due to insanity
->Three Elements of the Insanity Defense
36
What three elements must be present for a successful insanity defense?
1. Defect of reason due to a disease of the mind
2. Did not know the nature and quality of the act
3. Did not know what they were doing was wrong
37
What does Section 16 of the CCC state?
1. No person is criminally responsible if a mental disorder made them unable to understand their actions or know they were wrong.
2. The default presumption is that all individuals are mentally fit unless proven otherwise.
3. The burden of proof falls on the party raising the insanity defense (balance of probabilities standard).
38
What key changes did Bill C-30 (1992) make to insanity legislation?
1. Changed the term to “Not Criminally Responsible on Account of Mental Disorder” (NCRMD)
2. Created review boards to oversee cases
39
What does NCRMD mean?
-> A disease of the mind that makes a person incapable of:
1. Appreciating the nature and consequences of their actions
2. Knowing that their actions were wrong
40
What was the key issue in Winko v. British Columbia (1999)?
->Winko was found not criminally responsible after stabbing someone and was detained.
->He appealed, arguing that he was not a threat to public safety.
->The Supreme Court ruled that an NCRMD defendant should only be detained if they pose a threat to society.
->Otherwise, they should receive an absolute discharge.
41
What did Brian’s Law (Bill 68, 2000) implement?
->Community Treatment Orders (CTOs) for individuals with mental disorders.
->Conditions include:
--->Regular meetings with a mental health professional.
--->Forced medication compliance (if noncompliant, may be reinstated in a hospital).
42
How often is the insanity defense used?
->Rarely used in Canada.
->Only 25% of cases succeed.
->Typically used when both sides agree on the defendant’s mental illness.
43
When can the Crown raise the issue of insanity?
1. After a guilty verdict
2. If the defense claims the defendant has a mental illness
(Whoever raises the issue must prove it on a balance of probabilities.)
44
What is required to use the insanity defense?
A psychiatric assessment.
45
What is the Rogers Criminal Responsibility Assessment Scales (R-CRAS)?
-> First and only standardized scale for criminal responsibility.
->Contains 30 items per category (scored 0 = no impairment).
->Categories include:
-Patient responsibility
-Organicity (brain damage effects)
-Psychopathology (mental illness symptoms)
-Cognitive control (ability to think clearly)
-Behavioral control (ability to control actions)
(Used to assess a defendant’s mental state at the time of the crime.)
46
What are the three possible dispositions for a defendant found NCRMD?
1. Absolute discharge – Released with no restrictions.
2. Conditional discharge – Released with conditions (e.g., no firearms, no drugs/alcohol).
3. Psychiatric facility – Detained for treatment.
(Dispositions are made by the court or review board and can be changed at any point.)
47
How often are NCRMD dispositions reviewed?
->Court-ordered dispositions must be reviewed within 90 days.
->The review board can change a disposition at any time.
48
What is capping in Bill C-30?
->Limits the maximum time a person with a mental illness can be affected by their disposition.
->Prevents them from serving longer than a prison sentence.
->Once the cap is reached, they are released without restrictions (unless designated a dangerous offender).
49
What are Review Boards, and who is on them?
->Quasi-judicial boards that oversee disposition orders.
->Chaired by a judge and must include 4 members, one of whom is a licensed psychiatrist.
50
What do Review Boards consider in a case?
->Charge information
->Trial transcript
->Criminal history
->Risk assessment
->Clinical history
->Psychological testing
->Hospital recommendations
51
When must the first Review Board hearing take place?
->Within 45 days of a defendant being found Unfit to Stand Trial or NCRMD.
->The Court may issue a disposition or refer it to the Review Board
52
What four factors influence Review Board dispositions?
1. Public safety – Does the accused pose a risk if discharged?
2. Mental state of the defendant.
3. Reintegration of the defendant into society.
4. Other needs of the defendant.
(Review Board can order treatment if necessary and reasonable.)
53
What changes did Bill C-54 (2013) propose?
-> "High risk" offenders could not receive absolute or conditional discharge.
->Only a court could remove the high-risk designation.
->Did NOT receive Royal Assent (did not become law).
54
What is automatism?
->Unconscious, involuntary behavior.
->The person is not aware of their actions.
->Medical: A serious condition needing immediate care.
->Legal: A defense based on lack of voluntary control, not guilt.
55
What medical conditions can lead to automatism?
Neurological conditions:
->Epilepsy
->Traumatic brain injury
Psychiatric conditions:
->Schizophrenia
->Dissociative states/disorders
(Canadian Criminal Code does not specifically address automatism as a defense.)
56
What was the ruling in R. v. Parks (1992)?
-> Acquitted (not guilty) due to sleepwalking.
->Murdered his in-laws while sleepwalking.
57
What did R. v. Stone (1999) establish?
Supreme Court identified two types of automatism:
1. Non-insane automatism – Caused by external factors (e.g., trauma).
2. Insane automatism – Caused by a mental disorder.
The judge decides:
-> Whether there is evidence of involuntary behavior.
-> If the condition is a mental disorder (insane or non-insane).
58
What are examples of non-insane automatism defenses?
->Physical blow (head trauma).
->Physical ailments.
Hypoglycemia (low blood sugar).
->Carbon monoxide poisoning.
->Sleepwalking.
Involuntary intoxication (drugged by someone else).
->Extreme psychological trauma (beyond normal stress).
59
How do verdicts differ between insane and non-insane automatism?
-> Non-insane automatism → Not guilty (acquitted).
-> Insane automatism → NCRMD (mental health facility, not acquittal).
(A person with insane automatism cannot be acquitted.)
60
What happened in R. v. Daviault (1994)?
->Used intoxication as a defense.
->Originally acquitted, but overturned.
61
How did Bill C-72 (1995) change intoxication laws?
Self-induced intoxication is not a defense for violent crimes.
62
How did the Supreme Court revisit the intoxication defense?
Ruled that extreme intoxication can be a defense in violent crime cases.
63
What happened in R. v. Sullivan?
->Sullivan overdosed on prescription meds and attacked his mom with a knife.
->Claimed automatism due to intoxication.
->Was convicted, but lawyer argued Criminal Code section 32 violated rights.
64
What are some barriers to accessing mental health care?
->Lack of affordable resources (e.g., psychiatrist costs).
->Misdiagnosis.
->Stigma surrounding mental illness.
->DSM/insurance limitations (reactive, not proactive).
->Legalization of drugs (policy changes).
->Poverty and financial struggles.
->Substance use issues.
->Effects of residential schools.
->Racism and colonialism.
->Distrust in the medical system.
65
Can a defendant be fit to stand trial but still have mental health issues?
Yes! Many fit defendants still struggle with mental illness.
66
Why are there higher rates of mental illness in correctional facilities?
->People with mental illness are arrested more often.
->They are more likely to get caught.
->They plead guilty more often (can’t afford strong legal defense).
67
What two options do police have when dealing with a mentally ill offender?
1. Mental health system (hospitalization/treatment).
2. Criminal justice system (arrest/incarceration).
68
How might biases affect conditionally released mentally ill offenders?
->Many are released under mandatory supervision.
->More likely to have their release suspended for not following conditions.
69
Is there a direct link between mental illness and violence?
->Some psychiatric diagnoses have connections to physical violence.
->But it’s a complex interaction with other factors like:
--->Age.
--->Substance abuse.
->Not linked to specific offense types.
->Not a predictor of recidivism.
70
What percentage of crimes were committed under intoxication in a study of 27,000 federal inmates?
42%
71
What are the main goals of treating mentally ill offenders?
->Reduce symptoms of mental illness.
->Decrease length of stay in facilities.
->Prevent re-admittance to hospitals.
->Reduce risk of recidivism (reoffending).
