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Lecture 19

PSYC 2400E - Lecture 19 - March 21, 2013.docx

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PSYC 2400
Julie Dempsey

Thursday, March 21, 2013 PSYC 2400 - Winter 2013 Lecture 19 Fitness to Stand Trial and Criminal Responsibility Comparison of NCRMD and Fitness (*IMPORTANT* - on exam, possible short answer question) NCRMD Fitness to stand trial Requires presence of mental disorder Requires presence of mental disorder Legal defense to criminal charges Postpones trial process Requires admission of crime Does not require admission of crime Focus on mental state at time of offence Focus on mental state at any point during trial process NCRMD: Common Myths 1. Large number of defendants use the defence – Less than 1% of cases use this defence in the US 2. Majority of times the plea is successful – Success rate is variable – Only 25% of the 1% of cases are successful 3. Those found NCRMD are released back in society quickly 4. Extreme dangerousness of NCRMD – Usually the re-offenses are not violent Jurisdiction Unfit NCRMD % of Cases found Unfit & NCRMD PEI 4 8 0.1% Quebec 399 3,378 44% Ontario 1,151 2,059 37% Alberta 94 306 5% BC 216 1,036 14% Nunavut 2 6 0.1% Unsuccessful Attempts • Jeffrey Dahmer • Convicted in 1992 • Killed 12 people • Would eat parts of his victims • Tried to “zombify” his victims • Was able to elude officers • Insanity defence failed because they were able to prove that he knew what he was doing • Was killed in prison • John Wayne Gacy • Killer Clown • Arrested 1978 • Kidnapped young boys, buried them in his basement • Many victims escaped • Executed in 1994 • Sometimes in prison he made up stories, claimed to not have killed anyone • David Berkowitz • Son of Sam • Plead guilty in 1978 • Killed individuals in NYC over 13 years • Targeted young couples in cars • Confessed to murders • Said his neighbour’s dog was telling him to kill • Decided not to use insanity defence • Found the lord in prison • Still alive • Mark Chapman • Convicted of killing John Lennon • Hung out a crime scene until police came and arrested him • Lawyers wanted him to use insanity defence, but he decided against it • Denied parole 7 times Successful Attempts • Edward Gein • Graverobber • Mutilated bodies and
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