Violence and Mental Illness

1. Violence and Mental Illness Being Found “Not Criminally Responsible”

2. Case of Beheading on Bus Not Criminally Responsible

3. The development of the law: What does “not criminally responsible” mean? What do YOU think??

4. 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. l

5. 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)

6. 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

7. 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?”