UNIT #8: Role Of Mental Illness In court

Question 1

Absolute discharge

x2

Answer 1

(1) The defendant is released into the community without restrictions on his behaviour
(2) If defendant is not threat to
society or poses low risk for
reoffending the court or review
board can order

Question 2

Actus Reus

Answer 2

A wrongful deed

Question 3

Automatism

x2

Answer 3

(1) Unconscious, involuntary behaviour such that the person committing the act is not aware of what he is doing
(2) Criminal Code of Canada does not specifically address automatism as a defence; rather, judges have had to rely on their own judgment and case law when such defences are raised.

Question 4

Capping

Answer 4

Notion introduced through Bill C-30 where there is a maximum period of time a person with a mental illness could be affected by his disposition

Question 5

Community treatment order

Answer 5

Sentence that allows the mentally ill offender to live in the community, with the stipulation that the person will agree to treatment or the Detention in the event his condition deteriorates

Question 6

Conditional discharge

x2

Answer 6

1) A defendant is released; however, release carries certain conditions (for example not possess firearms) that the defendant must meet.
2) Failure to meet the conditions imposed with a conditional discharge may result in the defendant being incarcerated or sent to a psychiatric facility

Question 7

Diversion

Answer 7

A decision not to prosecute, but rather have him undergo an educational or community-service program. Also an option for the courts dealing with offenders with mental illnesses who are facing minor charges. The court can divert the offender directly into a treatment program rather than have him go through the court process

Question 8

Insanity

Answer 8

Impairment of mental or emotional functioning that affects perceptions, Beliefs, and motivations at the time of the offence

Question 9

Mens rea

Answer 9

Criminal intent

Question 10

Prima facie case

Answer 10

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

Question 11

Review Boards

Answer 11

Legal bodies mandated to oversee the care and disposition of defendants found unfit and/or not criminally responsible on account of mental disorder.

Question 12

Unfit to stand trial

Answer 12

Refers to an inability to conduct a defence at any stage of the proceedings on account of a person’s mental disorder.

Question 13

Rationale behind the requirement of fitness to stand trial

x4

Answer 13

(1) In order for individuals who are
charged with the commission of a crime to be treated fairly, they should have some understanding of the chargers and proceedings and be able to help in preparing their defence.
(2) With the enactment of Bill C-30 in 1992, section 2 of the criminal code states a fitness standard.
(3) Unable on account of mental disorder to conduct a defence at any stage of the proceedings before invert it is rendered or to instruct counsel to do so.
(4) Unable on account of mental disorder to:
(A) Understand the nature or object of the proceedings
(B) Understand the possible consequences of the proceedings
(C) Communicate with counsel

Question 14

Two requirements for
criminal responsibility

x3

Answer 14

(1) Mens rea
(2) Actus reus
(3) Both of these elements (and the elements of the specific case) must be found
beyond a reasonable doubt for a guilty verdict to be reached

Question 15

Characteristics of individuals ordered to undergo fitness examinations

x9

Answer 15

(1) More likely to be older females belong to a minority group and to have fewer marital resources.
(2) More African-American defendants were found incompetent compared with Caucasian defendants
(3) unemployed
(4) Had previous hospitalizations
(5) More likely to be charged with property and miscellaneous crimes rather than Violent crimes
(6) Primarily single
(7) Diagnosed as psychotic
(8) Have a current violent offence
(9) more likely to live alone

Question 16

What happens to an accused when
he is found unfit for trial?

x8

Answer 16

(1) Proceedings are halted until
competency is restored.
(2) Defendant is reassessed for Fitness within 45 days.
(3) Judge may order the defendant be detained in a hospital or that the defendant be conditionally discharged.
(4) If defendant becomes fit he returns to court and proceedings resume.
(5) If defendant remains unfit after 90 days he is referred to a review board for assessment and
disposition.
(6) Cases of defendants who continue to be unfit are reviewed on an annual basis by the review board.
(7) Crown must prove that there is sufficient evidence to bring the case to trial (prima facie case) Every two years and at any time the defendant requests a proceeding.
(8) For youth found unfit, court must review the case every year instead of every two years.

Question 17

Prima facie case:

x2

Answer 17

(1) Case in which the crown prosecutor must prove there is sufficient evidence to bring the case to trial.

(2) If court determines that sufficient evidence is no longer available to prosecute the case, case is
dropped and defendant is found not guilty.

Question 18

Changes to Canadian law since
1990 regarding insanity:

In 1992, Bill C-30 was enacted
and following changes made to
the justice system:

x2

Answer 18

(1) Term not guilty by reason of insanity was changed to not criminally responsible on account of mental disorder (NCRMD).
(2) Wording of the standard was altered
and stated in section 16 of the criminal code of Canada: “no person is criminally responsible for an act committed or omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.”

Question 19

Changes to Canadian law since
1990 regarding insanity:

Review boards were created:

Answer 19

(1) These legal bodies were mandated to oversee the care and disposition of
defendants found unfit and/or not criminally responsible on account of a mental disorder. Review boards were required to review each unfit and NCRMD case every year.

Question 20

Changes to Canadian law since
1990 regarding insanity:

1999: Winko v. British Columbia:

x3

Answer 20

(1) the Supreme Court of Canada stated a defendant who is NCRMD should be detained only if he poses a criminal threat to the public; otherwise, defendant should receive an absolute discharge.
(2) Another review on justice and human rights was undertaken in 2002 concerning mental disorder provisions in the criminal code.
(3) Another review conducted in 2007 to allow for
further data collection on mental health issues and the criminal code.

Question 21

Changes to Canadian law since
1990 regarding insanity:

Ruling from Supreme Court of Canada in R. V. Swain (1991):

x5

Answer 21

(1) Mental disorder legislation in the
criminal code wasn’t conflict with the
charter of rights and freedoms.
(2) Supreme court determined that defendants who were found not guilty by reason of insanity could not be automatically detained until their level of dangerousness was decided or an appropriate disposition was determined.
(3) Finding a defendant guilty before either of these things was done would be in conflict with the charter.
(4) Court also decided the defendant could raise the issue of his mental capacity at any point in the trial.
(5) But, crown could not do so until it had proved the crime against the defendant or until the defendant raised his mental capacity.

Question 22

When can the crown raise
the issue of insanity?

x2

Answer 22

1.)Following a guilty Verdict,
crown could argue the defendant was
NCRMD. The situation may occur if the crown believes that the defendant requires
psychiatric treatment and a mental facility
is best suited for the defendant’s needs.
2) If the defence states that the defendant has a mental illness, the crown can then argue it.

Question 23

What is the level of

proof necessary When the crown can raise the issue of insanity?

Answer 23

(1) The party that raises the issue
must prove it beyond a balance
of the probabilities

Question 24

What happens to individuals found
not criminally responsible on account
of NCR M.D. after trial?

x3

Answer 24

(1) absolute discharge
(2) conditional discharge
(3) Court or review board may order the defendant be sent to a psychiatric facility.

Question 25

2 historical references to legal insanity

Answer 25

(1) James HADFIELD | 2) Daniel McNaughton (1843

Question 26

historical references to legal insanity | - Daniel McNaughton 1843

Answer 26

(1) McNaughton charged with murder and judge interpreted his plea as “not guilty”. (2) Found not guilty because of his mental status: Insanity. (3) 5 critical elements emerged from verdict with 3 specific to the insanity defence as of today: 1. A defendant must be found to be suffering from a defect of reason/disease of the mind. 2. It offended must not know the nature and quality of the act he is performing. 3. A defendant must not know that what he is doing is wrong. (4) Elements in McNaughton standard emerged in legislation in parts of United States, England, and Canada.

Question 27

historical references to legal insanity - James HADFIELD x4

Answer 27

(1) In 1800, attempted to assassinate King George the third. (2) Hadfield suffered brain injury while fighting against the French. (3) Lawyer successfully argued he was out of touch with reality and therefore met the insanity standard of the time. (4) The Criminal Lunatics Act (1800) was established and it stated the insanity standard of the day.

Question 28

high incidence of mental disorders in offender populations x6

Answer 28

(1) a Canadian study examining males from the Edmonton Remand Centre, found that 92% of the sample had a lifetime prevalence of psychiatric disorders. (2) In 2006 to 2007, 10% of incarcerated offenders were found to have a mental disorder at the time of admission. (3) found that during 2002–2007, 61% of the 671 offenders sent to a short-term correctional facility in Canada were given at least one mental disorder diagnosis. (4) Males were found to suffer from psychotic disorders, anxiety disorders, and drug dependency. (5) Females were found to suffer from anxiety, personality disorders, and substance abuse–related disorders. (6) important to note that mentally ill offenders are likely to have more than one mental health issue. It is estimated that approximately 75% of mentally ill offenders (in the United States) have dual diagnoses.

Question 29

Why might high rates of mental illness appear in offender populations? x3

Answer 29

(1) Individuals with a mental illness are likely to be arrested at disproportionately high rate compared with those who do not have a mental illness. (2) Individuals with a mental illness are less adept at committing crime and therefore more likely to get caught. (3) more likely to plead guilty, possibly because of an inability to access good representation or to understand the consequences of their plea.

Question 30

How is intoxication related to the defence of automatism? x3

Answer 30

(1) this level of alcohol in his blood might suffer an episode of ‘L’amnesie-automatisme,’ also known as a blackout. In such a state the individual loses contact with reality and the brain is temporarily dissociated from normal functioning. (2) The individual has no awareness of his actions when he is in such a state and will likely have no memory of them the next day” (3) because of the level of intoxication, found that he did not have the intent to commit the act.

Question 31

R. v. Stone (1999) the Supreme Court outlined a two-stage process for addressing defences of automatism x3

Answer 31

(1) First, the trial judge must decide whether there is sufficient evidence that a jury could find that the defendant’s behaviour was involuntary. (2) Following factors Are considered; - Psychiatric assessments ■Severity of triggering event ■History of automatic behaviour (3) Second, the trial judge determines if the condition is a mental disorder (insane) or non-mental-disorder (noninsane) automatism..

Question 32

defence of automatism: factors that can cause a person to behave in such a way x7

Answer 32

``` (1) Canadian courts have recognized defences of noninsane automatism in the following circumstances: (2) A physical blow (e.g., a blow to the head) (3) Physical ailments, such as stroke. (4) Psychological blow from an extraordinary external event that might reasonably be expected to cause a dissociative state in an average, normal person. (5) Carbon monoxide poisoning (6) sleepwalking (7) Involuntary intoxication ```

Question 33

defence of automatism There are two types of automatism: x4

Answer 33

(1) noninsane: refers to involuntary behaviour that occurs because of an external factor (2) The verdict in such cases is “not guilty.” (3) Insane: an involuntary action that occurs because of a mental disorder. (4) In these cases, a finding of NCRMD would be entered and the legislation for NCRMD would be applied.

Question 34

the relationship between mental disorders and violence. United Kingdom Study x4

Answer 34

(1) In the United Kingdom, another group of researchers Investigated the ability of personal demographic, criminal history, and clinical variables to predict reoffending in mentally disordered avengers (2) Best predicting factors were age on admission, number of days hospitalized,and number of previous offences. (3) Strongest predictor was number of previous offences. (4) A Mental disorder diagnosis was not predictive of reoffending.

Question 35

the relationship between mental disorders and violence - Two epidemiological surveys were conducted Edmonton x4

Answer 35

In both studies,substance-abuse increase the risk of engaging in violence. (1) Edmonton: Approximately 55% of respondents who met criteria for psychiatric diagnosis committed violent acts. (2) In contrast, only about 16% of respondents who did not meet criteria for a psychiatric diagnosis engaged and violent behaviour. (3) When respondents met criteria for two diagnoses-for example, alcoholism and antisocial personality disorder and/or depression-80 to 93% of these respondents committed violent acts (4) Similar results found in sample from United States. With over 50% of US respondents who met criteria for a psychiatric disorder committed violent acts

Question 36

the relationship between mental disorders and violence - Two epidemiological surveys were conducted - European x5

Answer 36

(1) In a European sample, Mental records of approximately 15,000 30-year-olds were reviewed (2) Persons who have been admitted to mental health facilities are classified according to their most serious diagnosis. (3) It was found individuals with a major mental disorder, especially those individuals with a substance abuse or dependency, were significantly more likely to have committed a crime then those without a mental disorder (4) Most people with a major mental disorder who committed offences committed them before the age of 18, before the symptoms of the major mental disorder would’ve been present. (5) These results cast doubt on the notion that major mental illness precipitates violence.

Question 37

the relationship between mental disorders and violence. Another study examined the degree to which a diagnosis of schizophrenia was predictive of violence x5

Answer 37

(1) Prior arrest was a significant predictor of violence in Both cohorts (2) Research indicates that prior violence and substance abuse seem to have much greater effects on the likelihood of future violence then psychiatric diagnoses such as schizophrenia (3) In other research, disordered offenders were followed for an average of 4.8 years in the community after having been released from prisons & hospitals. (4) Mentally disordered offenders were found less likely to recidivate violently then offenders who did not have major psychological or psychiatric disorders (5) Researchers suggested some data find a greater likelihood of violence when an individual is experiencing a psychotic phase with symptoms of a paranoid nature.

Question 38

goals of treating mentally disordered offenders x5

Answer 38

(1) Symptom reduction (2) Reducing the risk of recidivism (3) No need to be readmitted to hospital (4) Decreased length of stay in the facility (5) goal of many offender programs is to re-integrate the offender into society

Question 39

goals of treating mentally disordered offenders facilities are used for this purpose x3

Answer 39

(1) Assisted housing units (2) General Hospitals (3) Psychiatric institution

Question 40

objectives of the mental health courts x3

Answer 40

(1) Attempt to redirect those with mental health needs back into the mental health care system rather than the criminal justice system. (2) Offer a rehabilitative Reaction to behaviour That would otherwise Have been dealt with Through the criminal Justice system. (3) Four main objectives: 1. To divert accused who have been charged with minor to moderately serious criminal offences and offer them an alternative. 2. To facilitate evaluation Of a defendant’s fitness To stand trial. 3. To ensure treatment For a defendant’s mental Disorders. 4. To decrease the cycle That mentally disordered Offender’s experience by Becoming repeat offenders.

Question 41

Are mental health courts effective? x6

Answer 41

(1) Little research has been conducted to evaluate Mental health courts. (2) Overall, data so far Is encouraging. (3) There is a lot of Variability across Different courts. (4) Many courts differ on How defendants are Referred, criteria for Eligibility, the quality & Quantity of services available (5) Defendants going through Mental health courts are More likely to be connected To services than those not Going through such a court (6) Those having gone Through the mental Health system also Report being more Satisfied with the Process & perceiving Higher levels of fairness, Lower levels of coercion, And increased confidence With the administration Of justice

Question 42

At what rate do NCRMD defendants commit crimes when released? x6

Answer 42

(1) In one study 96 NCRMD Defendants who were diagnosed with Schizophrenia and 96 nonschizophrenic offenders examined (2) Two groups were matched on age, offense, and criminal history (3) Schizophrenics were less likely to violently reoffend than the nonschizophrenics (4) In another study 210 NCRMD defendants were compared on post-release recidivism to a matched convicted group (5) The NCRMD defendants had lower rates of both general and violet recidivism than the convicted offenders. (6) It appears that was with a major mental illness or not more likely to commit future crimes, especially violent crimes