The Role of Mental Illness in Court

These flashcards cover key vocabulary and concepts related to mental illness in the legal context based on the lecture notes.

Actus Reus

A wrongful deed; one of the two elements required to establish criminal guilt in Canada.

Mens Rea

Criminal intent; the second element required to establish criminal guilt in Canada.

Fitness to Stand Trial

Refers to a defendant's ability to conduct a defense at any stage of the proceedings, evaluated based on their understanding of charges and ability to assist in their defense.

Not Criminally Responsible on account of Mental Disorder (NCRMD)

The legal standard indicating that a person is not criminally responsible for an act committed while suffering from a mental disorder that impaired their ability to understand the nature or quality of the act.

Automatism

Unconscious, involuntary behavior; a condition where the person committing the act is not aware of what they are doing.

Unfit to Stand Trial

A finding where a defendant is deemed unable to conduct their defense due to a mental disorder.

Bill C-30

Legislation enacted in 1992 that standardized the fitness criteria for defendants in Canadian law.

Myth of Mental Illness and Crime

The misconception that those with mental illness commit crimes at a higher rate than those without.

R. v. Balliram (2003)

A Canadian case that concluded an unfit person could not be sentenced.

R. v. McNaughton (1843)

A landmark case that established the insanity standard requiring a defendant to not know the nature of their act or not know it was wrong.

Review Boards

Legal entities responsible for overseeing the care and disposition of defendants found unfit or NCRMD.

Conditional Discharge

A release of a defendant from a mental health facility with specific conditions they must follow.

Absolute Discharge

A release of a defendant with no conditions, indicating they are not a threat to the community.

Psychiatric Assessment

An evaluation conducted to determine a defendant's mental health status and fitness for trial.

Recidivism

The tendency of a convicted criminal to reoffend, often discussed in the context of mental health and treatment.

Mental Health Courts

Specialized courts designed to address the needs of individuals with mental health issues in the criminal justice system.

Dual Diagnosis

The co-occurrence of mental disorders and substance abuse issues, often seen in offender populations.

Schizophrenia

A severe mental disorder, often discussed in the context of its impact on criminal behavior.

Fitness Interview Test Revised (FIT-R)

A semi-structured interview assessing a defendant's fitness to stand trial according to Canadian legal standards.

Capping

The limit on how long a defendant can be affected by their NCRMD disposition, introduced by Bill C-30.