PSYC 2400 Lecture Notes - Lecture 20: Conditional Sentence, Dangerous Offender

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Tuesday, March 26, 2013
PSYC 2400 - Winter 2013
Lecture 20
NCRMD versus Automatism
Verdict outcome differs:
Noninsane automatism results in a not guilty verdict
Insane automatism results in an NCRMD verdict
NCRMD verdict may result in defendant being sent to mental health facility
Automatism
Unsuccessful
R. v. Stone (1999)
Defence: “exceptionally cruel, psychological sadistic, and profoundly rejecting” attack by
wife
He claimed the verbal abuse from his wife caused him to kill her
Successful
R. v. Parks (1992)
Man killed his father-in-law and injured his mother-in-law without knowing he did it
Says he was sleep walking
Intoxication as a Defence?
R. v. Daviault (1994)
Found not guilty
In 1995, Bill-C-72 was passed
Intoxication is not recognized as a defence for violent crimes
If you are intoxicated without knowing, it can be used as a defence
Dealing with Mentally Ill Offenders
Police have two options:
Mental health system
Criminal justice system
Biases may exist in the conditional release of mentally ill offenders
Likely to be conditionally released as a result of mandatory supervision and to have their
release suspended
Treatment Options
Facilities for treatment include:
Psychiatric institutions
Hospitals
Assisted housing units
Community treatment orders
Diversion
Mental Health Courts
Objectives:
Divert accused charged with minor to moderately serious criminal offences
Facilitate a defendant’s fitness to stand trial evaluation
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Document Summary

Noninsane automatism results in a not guilty verdict. Ncrmd verdict may result in defendant being sent to mental health facility. Defence: exceptionally cruel, psychological sadistic, and profoundly rejecting attack by wife. He claimed the verbal abuse from his wife caused him to kill her. Man killed his father-in-law and injured his mother-in-law without knowing he did it. Intoxication as a defence: r. v. daviault (1994) Intoxication is not recognized as a defence for violent crimes. If you are intoxicated without knowing, it can be used as a defence. Dealing with mentally ill offenders: police have two options: Criminal justice system: biases may exist in the conditional release of mentally ill offenders. Likely to be conditionally released as a result of mandatory supervision and to have their release suspended. Assisted housing units: community treatment orders, diversion. Divert accused charged with minor to moderately serious criminal offences. Facilitate a defendant"s fitness to stand trial evaluation. Ensure treatment for a defendant"s mental disorders.

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