Unit 5.1: Mental Health and Crime Flashcards
(13 cards)
Mental Health
A state of well-being in which the individual realized their own abilities and can cope with the normal stresses of life. They con contribute to their community
Mental Illness
Health conditions that are characterized by alterations in thinking, mood and behaviour associated with distress and impaired function.
Mental health disorders
A syndrome characterized by clinically significant disturbance in an individuals cognition, emotional regulation or behaviour. Significant distress in social and occupational activities
Why is it easier for mentally ill people to get into the criminal justice system?
- Increased police interactions - many symptoms of mental illness = increases interpersonal conflicts
- The public misinterprets the behaviour
- More likely to be arrested - they can be irritable, incoherent or suicidal
What is it like for a mentally ill person to navigate the system?
Mental illnesses can impair a person’s ability to communication with crime professionals, police, lawyers
They are more likely to be victimized by the system
What assumption is our criminal code based on?
The assumption that people are rational and that their perceptions of the world are accurate
Why is it harder for a mentally ill person to get out of the criminal justice system?
- Less likley to recieve a release from custody (parole)
- Lack of resources = more likely to have lasting symptoms
- After release they are more likely to return to custody
What is an insanity plea?
Also known as “not criminally responsible”
- A person suffering from a mental disorder was incapable of appreciating the nature of their actions and couldn’t have know it was wrong
- They were “insane” at the time of committing the crime
Automatism
The legal defense that a person is not criminally responsible because they were not conscious while committing the crime. Ex: Sleepwalking
What do you need to be found guilty of a crime?
- Actus reus - guilty act
- Mens rea - guilty mind
An absolute discharge
Guilty of the crime but no restrictions/consequences
A conditional discharge
Guilty and discharged but need to be on mediation or supervised
A custody order
Guilty and sent to a secure mental health facility (could be indefinite)