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Lecture 16

Lecture 16

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PSYC 2400
Adelle Forth

Lecture 16: Mental State at Time of Offense (rest of Ch. 8) Thursday, March 3, 2011 - Quiz 3 on material up to the end of this lecture - Weeks 6-8, Chapters 6-8 - **QUESTION** o According to prevalence rates of mental disorders in a sample of Canadian offenders almost 90% of male defendants were found to suffer from:  Delusional disorder  Major affective disorder  Anxiety disorder  Antisocial Personality Disorder  Substance abuse **This one • It was 87% of male offenders • Next would be APD (57%) • Delusional disorder-subtype of schizo-only 2% (forensic psychiatric patients would have much higher prevalence) o As currently specified in the Canadian Criminal Code, a defendant is unfit to stand trial if he or she is:  Mentally ill at the time of the crime  Unwilling to testify in his or her own defence  Hostile towards members of his or her defence team  Unable to, on account of a mental disorder, understand the possible consequences of the proceedings **This one  Suffering from schizophrenia • Will need to know Criminal Code standard for fitness to stand trial • Need to be mentally disordered, relating to ability to communicate with councel, knowing proceedings, and knowing consequences o The insanity plea (Not Criminally Responsible on account of Mental Disorder) is a loophole in the law that allows too many guilty people to escape punishment  Disagree • The public perception is more agreeing- that people use this plea to get away with something • Class has broad range of opinion - In order to be found guilty of a crime, you need two things: o Wrongful deed (actus reus) o Criminal intent (mens rea)—guilty mind  NCRMD focuses on this part  We used to have the term Not Guilty By Reason of Insanity  Public would hear the term “not guilty”, but they know the person did it—they are guilty  They thought of it as some sort of loophole - **QUESTION** o Should someone who is found NCRMD for first degree murder, serve a minimum amount of time in a forensic psychiatric institution?  If you were convicted of first degree murder in the criminal system, you would get a life sentence (minimum of 20 years before parole)  73% of class said yes  How long? • Until they have a psychiatric evaluation and are judged not to be a risk to society? But what if they stop taking medication? • Someone with a mental disorder who may have gotten off treatment—we send to the psychiatric facility, treat him/her, symptoms will remit, then release and tell him/her to take medication? Not a good idea. • Lots of side effects of medication—they may remit, relapse, commit another offense • Release on a treatment order, perhaps - Tim McClean case o Carnival worker o July 2008 o Going from Edmonton to Winnipeg to visit parents o Got on the bus, fell asleep o Stopped bus to pick up more passengers—Vincent Lee got on the bus (40 years old, had been having problems up to 4 weeks prior to incident— altercations with employees and employer, got fired, left wife, moved, wandering around, acting bizarre, had been waiting for 24 hours for the bus with three suitcases and a glassy stare) o Vincent got on the bus, sat beside one person then moved to the back, pulled out a machete, proceeded to hack Tim to death o Everyone else left the bus, Vincent continued to hack away at Tim, beheaded him o Walked witht he head in his hand, cut out the heart and ate it, stuffed other parts in his coat o Cops came—he was arrested—sent to pre-trial o Evaluated prior to murder trial—both defence and prosecution agreed that he was paranoid schizophrenic—driven to commit this act because he thought Tim was Satan, heard words from God telling him to kill him or else Tim was going to kill everyone—thought the arm would grow back on—had to eat the heart or else Tim would regroup o Other than altercations at work, no history whatsoever of aggression, antisocial behaviour, etc. o Was found NCRMD in 2009 o His mother was extremely upset—she agreed he shouldn’t be put in prison, but he should be kept in a forensic psychiatric facility for life for the safety of others o June 2010—already getting supervised releases from the hospital o Psychiatrist says that within 5 years, Vincent would be released into community—symptoms are remitted, no history o If you commit offenses of your own free will and are not mentally disordered, should be punished o Because of a mental disorder: treated o Here in Canada, we treat the offenders who are mentally disordered - Brief history o Britain—Daniel M’Naughten (1843) o From Scotland o Felt the Tories were persecuting him, following him around (paranoid delusional disorder) o He was upset- went to London- saw someone walk out of a white chapel- thought it was a PM- shot him to death o He was tried, found to be insane at the time o Public outcry saying that this is absurd, he targeted the PM, he was responsible for his actions o Same debate now when high-profile individual is murdered o M’Naughton was found insane at time of offense- clarified criteria for what would be considered insanity—spent 20 years in a psychiatric facility and died in it o For that case, never got released o We adopted the Not Guilty by Reason of Insanity defence in 1984 becaues of this o 1992- changed the term—got rid of the Not Guilty (public perception, and the actual fact that they are guilty)  Not Criminally Responsible o Got rid of the term Insane (not medical term)  Mental Disorder o Also introduced capping—can’t spend more time in psychiatric facility than you would have spent in prison o Also a review board - NCRMD o Mental disorder must be present o Incapable of appreciating the nature and quality of the act/ommission o Or incapable of knowing that it was wrong o That mental disorder has to be linked to the actual offense - Unsuccessful attempts o Jeffrey Dahmer (lower left)  Killer from Milwaukee—17 victims  Bars- lure to apartment- pills in drinks- sexually assault and murder- cut up and keep bodies  Pled NGRI in States- in some states, they have the irresistable impulse test— extra—the psychiatrists claimed that he had an irresistable compulsion to have sex with others—wanted to have sex with men but didn’t want it to be in a normal way—wanted to be dominant  Wanted to make sex zombies so he could have sex with every one of them  Couldn’t control this  It was unsuccessful- he was convicted o Wayne Gacy  Killed 33  Pled NGRI  Multiple personality disorders—when he killed the 33 young men (running away form home- offer them job), he’d strangle, sexually assault and murder  He claimed to be in dissociative state when this happened  Not successful o David Berkowitz  Stalk individuals in ’76-‘77  Young couples making out in cars  Shoot them  Killed 6, injured 7  He claimed that he was Son of Sam (9000 year old person), getting messages from neighbours labrador retriever to do this  Not successful o Mark Chapman  Killed John Lennon  Was evaluated by 9 psychiatrists  6 said he was psychopathic, 3 siad he was not  He claimed he killed Lennon because God told him to  Not successful o Charles Manson  Attempted NGRI plea  Also not successful - Successful attempts o Edward Gein  Killed 2/3  Cemeteries—dig up newly-buried bodies  Skin, make things out of them (lamp shades, bowls, wore skin)  Found NGRI- died in institution (did not remit symptoms) o John Hinckley  1981- attempted to kill Ronald Reagan  Watched Taxi Driver- stalekd Jodi Foster  She ignored letters  He followed her to Yale  He thought she’d pay attention if he assassinated Reagan  Was found NGRI  Still in psychiatric facility  In 2000, gave conditional releases to visit parents  Started smuggling in photos and materials of Jodi Foster  They cut him off again  2009, now out for 10 days at a time o Burning Bed- case of Francine Hughes  Experienced 13 years of abuse from husband  Very controlling  She was trying to get uni degree—he didn’t like this—he came home drunk and she was studying—he gathered all her books and notes, burned them  She got upset, got some TV dinners because teh kids were hungry  He hates the smell—smashed them all over the house, etc.  He went to bed  She got gasoline, poured it arround the bed, threw match in, took the kids and left  Found NGRI o Lorena Bobbitt  Sexually assaulted in marriage  Husband was drunk—sexually assaulted her  She woke up after the assault, went to kitchen for water  Went into dissociative state—got knife from kitchen, severed his penis, held penis, left the house, drove, looked down and saw it, threw it out the window, continued driving and realized what happened—called 911
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