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Assessment of Offenders and Inmates

Assessment of Offenders and Inmates. I. Fitness to Stand Trial. Two elements that must be present for criminal guilt: A wrongful deed – actus reus Criminal intent – mens rea Must be found beyond a reasonable doubt. A defendant is unfit to stand trial if:.

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Assessment of Offenders and Inmates

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  1. Assessment of Offenders and Inmates

  2. I. Fitness to Stand Trial Two elements that must be present for criminal guilt: • A wrongful deed – actus reus • Criminal intent – mens rea Must be found beyond a reasonable doubt.

  3. A defendant is unfit to stand trial if: Unable on account of mental disorder to a) understand the nature or object of the proceedings b) understand the possible consequences of the proceedings c) to communicate with counsel. (Bill C-30 of the Criminal Code)

  4. Public Misperceptions of the Insanity Defense (Melton et al.) • That it is common • That it is often successful • That those acquitted with this defense are usually released • That such individuals are extremely dangerous

  5. How many fitness evaluations? • Approximately 5000 annually in Canada (Webster et al., 1982)

  6. Who Can Assess Fitness? • In Canada, only medical practitioners.

  7. Who Can Assess Fitness? • In Canada, only medical practitioners. • In 47 of the U.S. states psychologists can conduct fitness and criminal responsibility evaluations.

  8. The Fitness Interview Test – RevisedFIT-R (Roesch et al., 1998) • Understand the nature or object of the proceedings • Understand the possible consequences of the proceedings • Communicate with counsel

  9. Key Processes in Involving Fitness • See Figure 9.1

  10. II. Mental State at Time of the Offence • Three British cases 1. “Crazy Ned” shot and wounded Lord Onslow “Wild Beast Test” 2. James Hadfield who in 1800 tried to assassinate King George III  Criminal Lunatics Act 3. Daniel McNaughten in 1843 attempted to murder Prime Minister Robert Peel

  11. II. Mental State at Time of the Offence McNaughton Rules • “defect of reason, from a disease of the mind.” • Did not know the “nature and quality of the act he was doing” • Must not know that “what he was doing was wrong”

  12. II. Mental State at Time of the Offence Bill C-30 enacted in 1992: • “Not guilty by reason of insanity” changed to “not criminally responsible on account of mental disorder” (NCRMD)

  13. Mental State at Time of the Offence Bill C-30 enacted in 1992: • “No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.”

  14. Mental State at Time of the Offence Bill C-30 enacted in 1992: • Review boards were created.

  15. Mental State at Time of the Offence A change occurred in 1999: • A defendant who is NCRMD should only be detained if he or she poses a criminal threat to the public; otherwise, the defendant should receive an absolute discharge.

  16. Raising the Issue of Insanity • Two situations in which the Crown may raise the issue of insanity • Following a guilty verdict, if the Crown believes that the defendant requires psychiatric treatment and a mental facility is best suited to the defendant’s needs. • The defence states that the defendant has a mental illness, the Crown can then argue it.

  17. Assessing Insanity The Rogers Criminal Responsibility Assessment Scales (R-CRAS; Rogers, 1984). • Patient reliability • Organicity • Psychopathology • Cognitive control • Behavioural control

  18. What Happens to a Defendant Found NCRMD? • See Figure 9.2 • Absolute discharge • Conditional discharge • Sent to a psychiatric facility

  19. Prevalence Rates of Psychiatric Disorders in an Edmonton Sample of Defendants 87% Substance abuse 57% antisocial personality disorder 16% anxiety/somatoform disorders 2% schizophrenia

  20. Why are there such high rates of mental illness in offender populations? Individuals with a mental illness are: • Arrested at a disproportionately high rate • Less adept at committing crime and therefore more likely to get caught • More likely to plead guilty

  21. Dangerous Offenders • Person poses a substantial risk or harm to others in the future • This person will serve an indeterminate sentence • Sentence ends when the individual in question has been deemed a manageable risk to society.

  22. What is risk assessment? Prior to the 1990s was viewed as a dichotomy • Dangerous or not Nowadays, risk is viewed as a range -prediction and management component

  23. Approaches to the Assessment of Risk • Unstructured clinical judgment • Actuarial prediction • Structured professional judgment

  24. Types of Predictors Static--------------------------------------Dynamic Risk Factors Risk Factors

  25. Important Risk Factors • Dispositional Factors • Demographics • Personality characteristics

  26. Important Risk Factors • Historical Factors • Past behaviour • Age of onset • Childhood history of maltreatment • Past supervision failure

  27. Important Risk Factors Clinical Factors • Substance use • Mental disorder

  28. Important Risk Factors Contextual Factors - lack of social support - access to weapons or victims

  29. Protective Factors Prosocial involvement Strong social supports Positive social orientation Intelligence

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