Criminal Responsibility and Mental Disorder

Criminal Responsibility and Mental Disorder

• Criminal responsibility is determined by mens rea (guilty mind) and actus reus (guilty act)
• Mens rea requires free will and an understanding of one's actions and their consequences
• Mental disorder can negate mens rea if it removes the intent to commit a crime.

Canadian Legal Standards

• NCRMD (Not Criminally Responsible on Account of a Mental Disorder) is a Canadian legal concept.
• NGRI (Not Guilty by Reason of Insanity) and GBMI (Guilty but Mentally Ill) are other relevant US legal concepts.
• A GBMI plea isn't a direct plea; it becomes part of the jury's finding, not a choice of the defendant.

Historical Legal Tests

• The Wild Beast Test: A historical test determining culpability, arguing that those without the capacity of a human being should not be held accountable. Used until the 1800s.
• The McNaughton Rules (1843): Established in response to the public outcry after the attempted assassination of Robert Peel. Critically, to be found not guilty by reason of insanity, the accused must prove they did not know the nature of their act or that it was legally/morally wrong. This test focuses on the accused's knowledge at the time of the act.

American Law Institute Test of Insanity (1962)

• Total Capacity Requirement: Requires significant impairment preventing comprehension of the criminality of actions or conformity of behaviour to the law.
• Excluding Personality Disorders: The test excludes conduct resulting from personality disorders, or actions repeated as part of a criminal pattern. Personality disorders therefore cannot contribute to an insanity defense.

Modern US Criteria for NGRI

• Mental Disease at the Time of Crime: Requires the presence of a severe mental illness at the time of the crime.
• Inability to Appreciate Criminal Wrongfulness or Conform to Law: A key component is the defendant's inability to recognize the criminality/wrongfulness of the crime or to refrain from criminal behaviour.
• Excluding Personality Disorders: Personality disorders continue to be excluded.

Modern Canadian Standards (NCRMD)

• Canadian Law emphasizes the causal link between mental disorder and the crime. The mental disorder must have caused the criminal act, and not just been present.
• "Appreciate" (Nature and Quality, Knowing Wrongness): The Canadian standard emphasizes the consequence of the act and its moral and legal implications.
• Omissions Included: Canadian law considers both act and omission in determining culpability for criminal offences.
• Personality Disorders: Rarely accepted as sufficient to reach an NCRMD finding because courts are hesitant to consider personality disorders as contributing to an inability of understanding the nature and quality of an act.

NCRMD Dispositions

• Absolute Discharge: Full release with no conditions.
• Conditional Discharge: Release under community supervision, with potential for re-confinement if conditions are violated.
• Detention in Forensic Psychiatric Facility: Detention with ongoing review to ensure care.

Biases and Misconceptions

• Illusory Correlation: The tendency to see a relationship where one does not exist, such as associating mental illness with crime.
• Availability Heuristic: Relying on readily available information, which can lead to distorted perceptions of the prevalence of mentally ill offenders.
• Media Portrayal: Public perceptions of mental illness and crime are often influenced by sensationalized media portrayals.
• Crime Statistics: Studies suggest that the proportion of mentally ill individuals in prison is comparable to those not mentally ill and that violent crime is not predominant among either group.
• Post-Release Outcomes: Contrary to some misperceptions, most mentally ill individuals who are released from prison are transferred to care systems that address mental health rather than being left unchecked.

This quiz explores the concepts of criminal responsibility, including mens rea and actus reus, as well as the impact of mental disorders on culpability. It also covers Canadian and US legal standards related to mental illness and historical tests of legal accountability. Test your understanding of these fundamental legal principles!