Mar 20 Flashcards
(76 cards)
What does criminal responsibility require?
Mens rea, actus reus, causation, absence of viable defense
Mens rea
Guilty mind
Criminal intent
Actus reus
Guilty act
Prove through forensic evidence that crime occurred
Causation
Person’s actions caused crime/offense to occur
Absence of viable defense
No mediating circumstances
Prevalence of NCRMD between the years of 2005-2012
Defense only applied to fewer than 1/1000 court cases
Example of NCRMD in Canada
Vince Li (2008 murder of Tim McLean)
Given absolute discharge
Beheaded, cannibalized, and murdered Tim McLean due to perceived religious responsibility from command hallucinations
Found NCRMD in 2009 and granted absolute discharge in 2017
NCRMD procedure
Person is committed to psychiatric hospital until risk to public can be managed in community
A Criminal Code Review Board of mental health, legal professionals, and citizens decide on:
Continued detention
Conditional discharge
Absolute discharge
Crocker et al., (2015) findings on NCRMD for main offences
From most to least prevalent: uttering threats, assaults, property crimes, homicides, sexual offences
Crocker et al., (2015) findings on NCRMD for main diagnoses
From most to least prevalent: psychotic disorders like schizophrenia, substance use disorder, mood disorder, personality disorder
When is someone unlikely to get NCRMD
With personality disorder or substance use disorder alone
Mental illness stigma
Stigma is a major barrier to treatment
Assumption of violence and/or predictability
Mental illness media bias
40% of news articles negatively associate MI with crime, violence, danger
17% included the voice of someone with MI
25% included the voice of an expert
19% discussed treatment
18% discussed recovery or rehab
Self-stigma
People with MI often accept and agree with negative stereotypes
May feel ashamed, blameworthy, try to conceal their illness
Clinical risk factors for crime
Contact with police is common
2/5 people with MI get arrested at some point
3/10 have had the police involved in care pathway
Police are becoming less reactive and more proactive in Canada
Why is contact with police common for those with MI?
Co-occurring substance misuse
Treatment non-compliance
Social and systemic factors: Improper deinstitutionalization/lack of treatment, community disorganization, homelessness, poverty, poor mental health and social services
Schizophrenia
A broad spectrum of cognitive and emotional dysfunctions leading to significant emotional and behavioural difficulties
What does schizophrenia include?
Delusions and/or hallucinations, disorganized speech
Can include grossly disorganized or catatonic behaviour and/or negative symptoms like diminished emotional expression or avolition
Alcohol or other substance use disorder
A problematic pattern of alcohol or other substance use leading to clinically significant impairment or distress
Antisocial personality disorder
Pervasive pattern of disregard for and violation of the rights of others, occurring since 15 years of age
Bipolar disorders
Major depressive episodes alternating with hypomanic or full manic episodes
Borderline personality disorder
Pervasive pattern of instability in interpersonal relationships, self-image, and affects and marked impulsivity, all beginning by early adulthood across a wide range of contexts
