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Mentally Disordered Offenders.pdf

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Carleton University
PSYC 3402
Julie Dempsey

Mentally Disordered OffendersIntroducing MDOsDenitionsMDOs are people who have come into contact with the criminal justice system and have a mental disorderIncludesoUnt to stand trialoNCRMDoMentally disorderedmentally illDiagnosesDSMIVoClassify on a primary diagnosis basis oDifferent axis used for different disorders with a separate criteriaAxis 1 clinical disorders affect and perceived reality ex schizophreniaAxis 2 personality disorders and mental retardationAxis 3 general medical conditionsAxis 4 psychological and environmental problemsAxis 5 global functioning on a 1100 scale100 being that youre well adaptedProblemsoDeveloped primarily by psychiatrists and may not reect psychological researchoUnrelated to causation as it is a postdiagnosisoDifferent classication systemsoPrevalence varies by model used reects under or overdiagnosisCan crimes be wrongly blamed on mental disorderTo be found guilty you need to establish mens rea intent and actus reus actImportant Legal ConceptsUnt to stand trialoDeemed unfair to try this person because they dont understand whats going onoMentally ill individual must get help in their defense oCan be found unt at any stage of the criminal trialoUnt ifCannot understand natureobject of crime Cannot understand consequences of outcomeCannot communicate with counseloCriteria is quite high to be considered unt oCourt decides on a balance of probabilities if heshe is untoOnce found untEvaluation stage 5 daysallowance for extension cannot exceed 3060 day period Risk level dictates inpatient or outpatient during evaluation process Roach found that the median evaluation took place at 3 weeks and that 88 were held in an inpatient facilityoMDOs can be forced only by court orders to take their medication if they dont want to NCRMDoIn order to be found NCRMD not criminally responsible on account of mental disorder 3 things must be establishedMental disorderFail to appreciate the quality of the actIf understand act do not believe it is wrongoIf found NCRMD there are 3 possible outcomes
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