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Lecture 6

CRIM 3656 Lecture 6: March 07

2 Pages

Course Code
CRIM 3656
Anna Pratt

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-BILL C-54 was proposed on the basis of this gruesome case: Vince Lee -he was responsible for beheading an individual on the Greyhound bus, but was deemed Not Criminally Responsible (NCR) -there is a common understanding that these defenses result in their acquittal -the importance of addressing moral culpability in relation to criminal justice -no person should be legally convicted of a crime if they were legally insane at the time of the offense -only when the actor is a discernible moral actor capable of making rational decisions can they be deemed criminally responsible -their mental illness or state rendered them incapable of appreciating the actions and the ramifications of their actions -the verdict does not constitute an acquittal: it sits outside and somewhat at a distance of the prison-punishment nexus -remains grounded in a fundamentally treatment-oriented model -an accused who is found Not Criminally Responsible for reasons of a mental disorder is diverted to a territorial review board, which is a specialized tribunal (1 of the 4 members must be a psychiatrist) -the rationale for having a separate stream is that though the offender is not criminally responsible, the public requires protection for future dangerous behaviours -the goal of the review board is to conduct an individual assessment of the individual person and craft a disposition that protects the public and tried to present opportunities for whatever underlying disorder had lead to the offense -under the law, the review board is required to apply the standard in the criminal code that states that if the tribunal finds that the accused is not a significant threat to the safety of the public, then they must give that individual an absolute discharge: this is a treatment-based model, not a punishment-based one -this may be deemed an unfair model for some, especially -the law reflects the principle that we don’t punish individuals who did not know that what they were doing was wrong -the only rational that can justify the use of extraordinary state powers to restrain individuals is if it would protect the public -Vince was granted an absolute discharge by the Manitoba criminal court review board, which was a controversial decision for many in society, especially for the victim’s family -under the law, public interest is not a consideration in these cases -controversial issues which are raised by the NCR on a human level Film: Mr. Sean Clifton -he did not have the operating mind to form mens rea, which refers to the intentional will to commit the crime -he was sent to a facility (Brockville mental health centre) -this is not a psychiatric unit at a general hospital, but a forensic psychiatry
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