VIOLENCE AND MENTAL ILLNESSBeing Found “Not Criminally Responsible”

Case of Beheading on Bus

Not Criminally Responsible

The development of the law:

What does “not criminally responsible” mean?

What do YOU think??

Not Criminally Responsible• Under Canadian law, if a person is charged with a criminal

offence is found “not criminally responsible” she or he must be sent to a psychiatric institution for treatment

• Depending on the offence, the person in sent to a minimum, medium, or maximum security treatment facility, where she or he is kept until found to be “sane” and no longer a threat to the public.

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• Media emphasizes a false link between Violence and Mental Illness• Interesting Fact: Crimes reported are 3 to 5 times the rate of the

general public committing crimes. However, this is the same ratio as crimes reported to be committed by a man than a woman.

• Majority of people who are violent, do not suffer from a mental illness

• People with mental illness are more likely to be the victims of crimes (2.5 times more likely than the general public).

• Violence is NOT a symptom of any mental illness, however there can be a relationship between behaviour and symptoms (i.e. hallucinations)

Factors to Assess “Not Criminally Responsible”• Previous Psychiatric Records• Autopsy Report• Clinical interview with accused• Mental status examination• Direct questioning of accused regarding knowledge of wrongfulness• Circumstances of offence• If Crime was a response to psychotic symptoms (delusions/hallucinations) many will be deemed

NCR• Coincidental mental disorder not related to crime• Mental disorder results from the crime (i.e. depression)• Malingered mental disorder to avoid responsibility• Is there a motive? No motive – psychotic; If rational motive present – suspect malingering or

coincidental mental disorder• Was there planning and preparation for the crime?• Impaired functioning within a few days of the crime?• Do previous hospital records describe hallucinations or delusions related to the crime?• Efforts to avoid detection (i.e. wearing gloves during crime, committed in dark, taking victim to an

isolated place, wearing a mask/disguise, concealment of a weapon, giving a false name, threatening to kill witnesses if they report to police, giving a false alibi, disposing of evidence, wiping off fingerprints, washing off blood, discarding of murder weapon, burying a victim, destroying documents, fleeing from scene of crime, lying to police

• Statement by defendant acknowledging the act as wrong

• Read pages 238-239• Read page 252 (Answer question 1)• In groups of four: Create a brief scenario of someone

committing a criminal offense. Write the case assuming that the offender has found him/herself in front of a psychiatrist to determine if they should be held criminally responsible for their actions. The scenarios should raise the question: “Could the offender understand the nature of their act and know it was wrong?”