Exam 8: B: The Role of Mental Illness in Court
What is the relationship between recidivism rates and offenders with mental disorders,as studied by Rice and Harris (1992)?
Rice and Harris (1992)examined 96 NCRMD defendants who were diagnosed with schizophrenia and 96 nonschizophrenic offenders.The two groups were matched on age,offence,and criminal history.The schizophrenics were less likely,although not significantly so,to violently reoffend than were the nonschizophrenics.In another study using some of the same participants as in the Rice and Harris (1992)examination,210 NCRMD defendants were compared on post-release recidivism to a matched convicted group (Rice & Harris,1990).The NCRMD defendants had lower rates of both general and violent recidivism than the convicted offenders.It appears that,compared with other offenders,those with a major mental illness are not more likely to commit future crimes,especially violent crimes
What are the four main objectives of mental health courts?
-to divert accused who have been charged with minor to moderately serious criminal offences and offer them an alternative
-to facilitate a defendant's fitness to stand trial evaluation
-to ensure treatment for a defendant's mental disorders
-to decrease the cycle that mentally disordered offenders experience by becoming repeat offenders
In the context of a defendant found NCRMD,what are the four main criteria considered by courts and review boards when deciding a disposition? Explain the term capping and specify the consequence of capping for mentally ill offenders with respect to their dispositions.
-criteria considered when deciding on a disposition:
a.public safety
b.mental state of the defendant
c.reintegration of the defendant into society
d.other needs of the defendant (e.g.,treatment,etc.)
-capping: refers to a maximum period of time that a person with a mental illness can be affected by their disposition
-A consequence of capping is that the disposition period for a mentally ill offender cannot exceed the length of the prison term that would have been administered if he/she had received a standard guilty verdict.
What is the name of the current insanity defence in Canada? According to the Canadian Criminal Code,what are the criteria for insanity? Assuming you are the Crown prosecutor,identify two situations in which you may raise the issue of insanity.
Name two of the three changes to legislation resulting from Brian's Law (Bill 68).
What changes to how defendants found NCRMD are dealt with were proposed in Bill C-54 early in 2013?
What are three explanations proposed by Bland et al.(1990)for the high rates of mental illness in offender populations in Canada?
Peter is on trial for sexual assault.He claims he was in a blackout state due to consumption of two bottles of whisky.Based on the information in your text on intoxication and automatism,what type of disposition would Peter most likely get from a judge and why?
Distinguish between noninsane automatism and insane automatism.Discuss what dispositions are associated with each,and what circumstances have been recognized by Canadian courts in cases of noninsane automatism.
What are the three dispositions that can be made following a finding of NCRMD?
You have been hired by a Canadian lawyer to assess a defendant for competency to stand trial.As a first step,you have decided to conduct a competency screener.Describe the screener that you will use and justify your choice.
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