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PSYC39H3 (172)
Lecture 9

Lecture 9.docx

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University of Toronto Scarborough
David Nussbaum

Lecture 9-Nov 11 • only 3/4 are successful o in the cases that are successful, there is a clear mental history (Index offence) that precedes thee actual crime o in other words, can't commit crime and saay mentally ill out of nowhere • murder o often involves family member, and is very irrational (hard to explain the crime on the basis of any rational motivation) • loophole o 13% absolute discharge  almost all are for minor offences e.g. theft, jaywalking  doesn't pay to keep someone in forensic mental health system for a pettycrime (very expensive) ...costs $1000/day o 35% conditional discharge  board allows the person to live in the community, but imposes conditions such as no alcohol, no possession of weapons etc. (whatever they see as necessary to lower the person's risk)  if violates condition: police will be called and Mental Health Act will bring person back to the hospital and will hold a new hearing o 52% committed to a hospital • not confined for long o confined for longer periods than normal people who commit the same crime and go to jail • dangerous o NCRMD is about their state at the time of committiing the crime • NCRMD o disorder seen as res. for the behaviour, not the person o even in ancient times, there was a discrimination between respon. and not respon  having a case with a minor (under 18), deaf person or someone who was insane,, that person would always have a legal advantage because if they damage you, they can sue you but if you damage them, they are not legally responsible  the definition of who is legally insane: if you sleep in cemetaries, loses thingss that are given to them, if ate things that they found in the streets (not motivated by what is traditionally accepted) o *NCR: not a new idea, has been in legal systems for millenniums Mental Disorders and the DSM • Tool for diagnosing: o Diagnostic and Statistical Manual of Mental Disorders (DSM) (North America) • In Europe: o International Classification of Diseases -10 (ICD-10) • DSM-IV-TR & DSM-V: o Five Axes of Diagnoses: • Use DSM V (but there is a lot of contentions and many practitioneers are diagnosing by DSM IV) o board doesn't want to get involved in tthe debate Mentally Disordered Offenders • Higher rates of mental illness in prison population than among general community population o then why arent they treated in the mental health system? becasue having a mental disorder doesn't mean you qualify for a NCR o have regional treatment centre for inmates who are not NCR • Mental illness in the criminal system: issues of fitness to stand trial, culpability and criminal responsibility, need for support and intervention in correction • Mental disorder and culpability S. 16 of the Criminal Code: • M’Naughton rules (1843) o shot a political figure in england o Queen Victorria put together a psychiatric commission to investigate o now, canada uses a modified version of M'Naughton rule: it is very cognitively based. Does the person understand what killing a person is? Are they able to comprehend their actions and whether or not they are moral or not? • Swain Decision in 1991: o was fouund NGRI and told to stayy in Mental health system, but said he has not disturbed community before aassaulting his wife so shouldn't be kept in jail and shown to not be respon. so shouldn't have to servve time b/c in right frame of mind o went up to Supreme Court and they agreed with him and modified ss. 16 of the criminal code o before the swain decision:  people who were NCR were assumed to be dangerous indefinitely and dangerous for society, as a result, in order to get out of hosptial, had to prove that they were no longer dangerous  this is why back then, criminal lawyers did not opt for NGRI unless it was a serious crime because it wouldd be better to plead guilty and serve the time than to have to be stuck in the hospital indefinitely  now, when a person is NCR, tthey are not assumed to be danggerous for the public • Changed wording from NGRI to NCRMD o (Not criminally responsible on account of a mental disorder) NCRMD Qualification Rules • Presumption of Criminal Responsibility • Burden of Proof is on Party Raising Issue • A person suffers from a mental disorder • He or she fails to appreciate the nature or quality of his or her acts • He or she may understand what he or she doing, but might not know it is wrong NCRMD Retention Rules *different rules for getting NCRMD than keeping them in mental health system • Primarily defined by Winko ruling: • Burden of proof is on the Crown to prove on the b
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