Mental illness in the criminal justice system

Question 1

actus reus

Answer 1

wrongful deed

Question 2

Mens rea

Answer 2

Criminal intent

Question 3

unfit to stand trial

Answer 3

refers to an inability to conduct a defense at any stage of the proceedings on account of a person’s mental disorder

Question 4

R v. Balliram

Answer 4

unfit person cannot cannot be sentenced

Question 5

R v. Pritchard

Answer 5

criteria for fitness to stand trial

1. defendant is mute of malice (intentionality)
2. defendant can plead to the indictment
3. defendant has sufficient cognitive capacity to understand trial proceedings

Question 6

Bill C-30

Answer 6

a) understand nature or object of proceedings
b) understand possible consequences
c) communicate with counsel (R v. Taylor)

Length of time defendant can be held in custody for fitness evaluation
- 5 days, with extension max 30 days and total length should not exceed 0 days

Question 7

R v. Taylor

Answer 7

ability to communicate with counsel

• need only be able to state facts relating to offence that would allow appropriate defense
• need not be able to communicate facts that are their best interests

Question 8

Fitness evaluations when raised, stats

Answer 8

at any time of proceedings by defense or crown

• > 5000 a year
• 42% of unfit have evaluation
• 61% have evaluation
• 24% unfit and NCR evaluations

Question 9

Fitness Instruments

Answer 9

long psychiatric facility stays unnecessary to determine fitness

• FIT-R
• Competency screening test
• compentency to stand trial assessment instrument (CAI)
• interdisciplinary fitness interview (IFI)
• MacArthur competence assessment tool- criminal adjudication (MacCAT-CA)

Question 10

Fitness interview Test revised (FIT-R)

Answer 10

semi structured interview and interview other people for a baseline

• nature of proceedings
• consequence of proceedings
• ability to communicate with counsel
• 3 point scale (0 = no impairment)

Question 11

fitness to stand trial procedure

Answer 11

fitness evaluation

• fit or unfit
• if unfit attempt to restore fitness: medication = reassessed within 45 days
• majority restored within 6 months
• if still unfit: detention or conditional discharge within 90 days
• annual review by review board
• prima facie every 2 years: continue to provide sufficient evidence to proceed with trial (evidence lost or witness moves etc)

Question 12

Prima facie

Answer 12

case in which the crown prosecutor must prove there is sufficient evidence to bring the case to trial

Question 13

pirelli, gottdiener, Zapf

Answer 13

• more incompetent’s have mental disorders
• more likely to be unemployed and unmarried
• competent more likely to have current violent criminal charge than non-violent

Question 14

demographics of unfit/fit

Answer 14

fit - married
unfit - older females in minority group and single
US
- incompetent less likely to maintain employment and more severe mental illness
- African American more likely to be found incompetent
- incompetent more likely to have property or miscellaneous crimes

Question 15

restoring fitness

Answer 15

treatment:
psychotropic medications - most common
or Tx programs to increase understanding of legal process and address problems that hinder ability to participate in defense - mixed research

Review:

• accused fitness every year
• sufficient case evidence every 2 years

Question 16

Jackson v. Indiana

Answer 16

defendant should not be held for more than reasonable period to determine if they are competent (fit)

Question 17

Starson v. Swayze

Answer 17

ruled can refuse medical treatment if understand the consequences
- when deteriorated mother became decision maker

Question 18

R v. Demers

Answer 18

scc- unconstitutional to exercise continued state of control over someone who will never be fit to stand trial if they are no significant threat to society
- absolute discharge

Question 19

Bill C-10

Answer 19

court can stay proceedings if:

• accused is unlikely to ever become fit
• accused does not pose significant threat to public safety
• stay of proceedings is in interests of the proper administration of justice

Question 20

insanity

Answer 20

impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence

Question 21

James Hadfield

Answer 21

attempted to assassinate king George the 3rd

- criminal lunatics act

Question 22

R v. McNaughton

Answer 22

McNaughton standard

• historical standard for insanity that allowed defendants to be acquitted if they did not know what they were doing or that it was wrong
  1. must be suffering from a defect of reason or disease of the mind
  2. not know the nature of quality of the act they are performing
  3. must not know it is wrong

Question 23

R v. Swain

Answer 23

defendants found not guilty by reason of insanity could not be automatically detained until their level of dangerousness was decided or appropriate disposition was determined

• defendant can claim at any time of trial
• crown only after guilty verdict or if defendant raises first

Question 24

Not criminally responsible on account of mental disorder

Answer 24

mental state at time of offence

- could not estimate the consequences of their action or be held responsible for their behaviour

Question 25

Bill C-30 NCRMD

Answer 25

- insanity changed to NCRMD - wording of standard was altered - review boards created

Question 26

review board

Answer 26

legal bodies mandated to oversee the care and disposition of defendants found unfit and or NCRMD

Question 27

Winko v. British columbia

Answer 27

NCRMD only detained if they pose threat to public otherwise absolute discharge

Question 28

Bill 68

Answer 28

after Brian Smith shot - "Brian's Law" - community treatment orders - requires people with mental illness in the community to report to mental health caregiver on regular basis - when released from mental facility may be forced to take prescribed medication

Question 29

Raising NCRMD defense

Answer 29

1% of all cases majority of cases crown and defense agree on - public thinks this is much higher - around 25% of 1% succeed as NCRMD

Question 30

Rogers criminal responsibility assessment scales (R-CRAS)

Answer 30

NCR assesment - patient reliability - organicity - psychopathology - cognitive control - behavioral control - by police reports and interviews etc.

Question 31

Review boards

Answer 31

``` mandate to protect public safety while safeguarding the rights of NCRMD take into account: - charge information - trial transcript - criminal history - risk assessment - clinic history - psychological testing - hospital recommendation RB must - protect public - consider mental condition of accused - reintegration of accused into society - other needs of the accused ```

Question 32

capping

Answer 32

through bill C-30, max period of time a person with a mental illness could be affected by their disposition - around same time as prison sentence - if dangerous can increase cap etc.

Question 33

R v. Parks

Answer 33

killed mother in law due to sleep walking | - automatism

Question 34

R v. Stone

Answer 34

noninsane and insane automatism 2 stage process for addressing defenses 1. sufficient evidence that jury could find involuntary - psychiatric assessments - severity of triggering event - history of automatic behavior 2. determine if mental disorder (inane automatism) or non mental disorder (non insane automatism)

Question 35

Automatism

Answer 35

unconscious, involuntary behavior such that the person committing the act is not aware of what he or she is doing

Question 36

Dorothy Jourdie

Answer 36

insane automatism

Question 37

non insane automatism defenses

Answer 37

- physical blow - physical ailments, such as stroke - hypoglycemia - carbon monoxide poisoning - sleepwalking - involuntary intoxication - psychological blow from an extraordinary external event that might reasonably be expected to cause a dissociated state in an average person

Question 38

R v. Deviault

Answer 38

sexual assault when intoxicated - no intent to commit act - Bill C-72 intoxication not recognized as a defense for violent crimes

Question 39

NCRMD accused stats

Answer 39

``` average 36 years old 49% completed high school 16% in relationship 44% living with family friend 72% governmental income support 94% severe mental illness 2.4% aboriginal ~ 70 % psychotic spectrum ```

Question 40

NCRMD index offense

Answer 40

``` ~ 65% offenses against person (assault/threats etc.) 7% murder/ attempted murder 34% against family 21% other known person 23% against professional 22% against strangers ``` 72% previous hospitalization

Question 41

Do NCRMD reoffend

Answer 41

17% new offence (0.6% severe) - general population 34% - mental disorder population 70%

Question 42

Bill C-14

Answer 42

not criminally responsible reform act - enhance victims rights - increase emphasis on public safety - new high risk accused category - court not review board is needed to remove designation of high risk

Question 43

Mental illness in prison

Answer 43

3x more likely to be arrested than general public - 75% of mentally ill offenders have dual diagnoses - 58% prior psychiatric health care

Question 44

explanations for rates of mentally ill offenders

Answer 44

1. disproportionate arrest rates 2. more likely to get caught 3. more likely to plead guilty - no access to good counsel 4. more likely to be arrested for nuisance offenses

Question 45

Ashley Smith

Answer 45

Died by suicide in prison while on suicide watch

Question 46

community treatment order

Answer 46

sentence that allows the mentally ill offender to live in the community with stipulation that agree to treatment or detention in event condition deteriorates

Question 47

diversion

Answer 47

decision to not prosecute but rather undergo an educational or community service program. or mental illness facing minor charges divert into treatment program directly instead of going through court process

Question 48

Mental health courts objectives

Answer 48

1. divert accused of minor offenses and offer an alternative 2. facilitate evaluation of fitness to stand trial 3. treatment for mental disorders 4. decrease cycle of repeat offenders

Question 49

Mental health courts effective

Answer 49

lower rates of recidivism