What is insanity?
Not being of sound mind, being mentally deranged and irrational
Why does insanity legally remove the responsibility of an act?
Because of uncontrollable impulses or delusions
What case led to the development of the criminal lunatics act in 1800?
James Hadfield assassination attempt of King George III
What case in 1843 received a not guilty status because of mental status and served out his life in a mental institute?
Daniel McNaughton (shot Edward Drummond in the back)
With the McNaughton verdict, what were 3 things they determined?
1) defendant must be found to be suffering from a defect of reason/disease of the mind
2) defendant must not know the nature and quality of act he or she is performing
3) defendant must not know what he or she is doing is wrong
What were the changes to the insanity legislation with Bill C-30 in 1992?
What was a further change in insanity legislation brought on by Winko vs. British Columbia in 1999?
Do a high number of defendants use the insanity defense?
No
What percentage of defendants who raise the insanity defense succeed?
25%
In Canada, what are the 2 situations that the Crown can raise insanity?
1) following guilty verdict
2) if defense states the defendant has a mental illness
Does insanity defense require a psychiatric assessment?
Yes
What consists of 25 variables grouped into 5 topics, and was the first standardized assessment scale for criminal responsibility?
Rogers Criminal Responsibility Assessment Scales (R-CRAS)
What are the 5 topics in the R-CRAS?
1) patient reliability
2) organicity
3) psychopathology
4) cognitive control
5) behavioural control
What are 3 dispositions that can be made with defendants found NCRMD?
1) absolute discharge
2) conditional discharge
3) psychiatric facility
How many days can it take up to for court dispositions to be reviewed by the board?
90
Who reviews dispositions in Canada?
Review board
What are 7 components of information for review boards to consider?
1) charge info
2) trial transcript
3) criminal history
4) risk assessment
5) clinical history
6) psychological testing
7) hospital’s recommendation
What did the doctors deduce with Jeffrey Dahmer’s case?
He had a personality disorder but not psychotic or insane
Why was it said that Dahmer did not suffer from a mental disease causing him to kill?
What was Dahmer’s sentence?
999 years in prison
What are the 4 factors affecting dispositions?
1) public safety
2) mental state of defendant
3) reintegration of defendant into society
4) other needs of defendant
What were changes to NCRMD with Bill C-54 introduced in 2013?
For those who have committed a serious offence and have a high likelihood of reoffending, or if the act was so heinous that the public could be at risk:
If Bill passes, these “high risk” offenders won’t be granted a conditional or absolute discharge
- only a court could lift this “high risk” designation
What is automatism?
Unconscious, involuntary Behavior; person committing the act is unaware of what they’re doing
What happened in the R v. Parks case in 1992?
Got up in the night and drove over and stabbed his mother-in-law and almost killed his father-in-law. Then drove himself to police station and turned himself in, stating he was sleep-walking. Form of automatism