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PSYC39H3 (172)


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University of Toronto Scarborough
David Nussbaum

PSYC39 –Psychology and Law Lecture 11: Mentally Disordered Offenders (Chapter 10) Monday, December 3, 2012 Mental Disorder and the DSM Public Misconceptions about NCRMD  Tool for diagnosing: Diagnostic and Statistical Misconception Reality Manual of Mental Disorders (DSM) (North NCRMD is commonly Used in only 2 cases per America) used 1000  Five levels (axes) of diagnoses NCRMD defences are 26% success rate successful Mentally Disordered Offenders NCRMD acquittees 15% of NCRMD  Higher rates of mental illness in prison commit murder individuals charged with population than among general community murder population  Mental illness in the criminal system: issues of Misconception Reality fitness to stand trial, culpability and criminal NCRMD is loophole 13% -absolute discharge responsibility, need for support and 35% -conditional discharge intervention in corrections 52% -committed to a hospital NCRMD individuals Confined for longer than Unfit to Stand Trial are not confined for persons found guilty of  S. 2 of the Criminal Code: long similar crimes  Unable, on account of mental disorder, to: NCRMD individuals Most do not engage in  Understand that nature or object of the are dangerous violence proceedings;  Understand the consequences of the Characteristics of People Found NCRMD and UST proceedings;  Latimer and Lawrence (2006): Mostly male;  Communicate with counsel. Median age of 31; Most NCRMD charged with a violence offence; UST less likely to be charged Mental State at the Time of Offence with a violent offence; Most common diagnosis  Mental disorder and culpability – schizophrenia; NCRMD more likely to have  M’Naughton rules (1843) affective and personality disorder; UST – mental  S. 16 of the Criminal Code: not criminally retardation and organic brain disorders responsible on account of a mental disorder (NCRMD) Link between Mental Illness and Crime and Violence: Findings NCRMD  Most people with serious mental disorders do  A person suffers from a mental disorder not engage in violence  He or she fails to appreciate the nature or  People with serious mental disorders are more quality of his or her acts likely to commit violence than people without mental disorder  He or she may understand what he or she doing, but might not know it is wrong  People with serious mental disorders are more likely to be victims of violence UST and NCRMD: Review Boards  People with mental disorder and substance abuse are at elevated risk for violence  UST and NCRMD cases are sent to Review Boards  Causal mechanisms linking mental disorder and  Review Boards decide on a disposition in each violence are not clearly understood; there may case
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