forensic psych pt. 2 (final)

contains second half of the semester - excluding the extra lecture

What is the main legal distinction between fitness to stand trial and legal insanity (NCRMD)?

Fitness to stand trial refers to the current mental state of the accused, while NCRMD assumes guilt and pleads not criminally responsible due to a mental disorder.

Who determines fitness to stand trial in Canada?

A psychiatrist determines fitness to stand trial in Canada, while psychologists may assist.

What is the cognitive ability that unfit defendants may lack?

Unfit defendants may lack the ability to understand the proceedings, the consequences, or communicate effectively with their counsel.

How many fitness evaluations are performed annually in Canada?

Approximately 6,000 evaluations are performed annually in Canada.

What percentage of defendants that apply are typically found unfit to stand trial?

Approximately 20% of those who apply are found unfit.

Which disorders are most commonly associated with being unfit to stand trial?

Psychotic disorders such as schizophrenia and delusional disorder are the most common.

What is malingering in the context of fitness evaluations?

Malingering is the act of faking a mental illness to evade criminal responsibility or gain benefits.

What is one of the tests used for competency screening?

The Wechsler Adult Intelligence Scale is one of the tests used.

What is the purpose of the fitness interview test revised (FIT-R)?

The FIT-R aims to amalgamate information to assess fitness.

What outcomes can arise from being declared unfit to stand trial?

Outcomes may include being held in a psychiatric ward or conditional discharge.

What is Mens Rea in legal terms?

Mens Rea is the mental element indicating intention to commit a crime.

What does Section 16 of the Criminal Code pertain to?

It states that a person is not criminally responsible for actions taken while suffering from a mental disorder.

What must a defendant demonstrate to be considered NCRMD?

A defendant must show that they did not understand the nature of their act or did not know it was wrong.

What assessment may highlight a defendant’s reliability?

The Rogers criminal responsibility assessment scale may highlight patient reliability.

What factors can affect a defendant’s cognitive control?

Cognitive control is affected by awareness of criminality and the ability to create intention.

How is the scoring for cognitive control guidance structured?

Scoring ranges from 0-6, but there is no specific cutoff for NCRMD procedures.

What is the significance of third-party contact during evaluations?

Third-party contacts can provide additional insight into the defendant's history and behavior.

What are the conditions for an absolute discharge?

An absolute discharge results in no punishment and is typically not considered a threat.

What is the role of youth courts in Canada?

Youth courts address offenses committed by juveniles and aim to consider their circumstances.

Why are youth more likely to commit crimes in groups?

Peer influence significantly affects youth criminal behavior.

What is reward sensitivity in the context of youth offenders?

Youth offenders display high sensitivity to rewards, often prioritizing gratification over risk.

What legal acts have shaped youth court systems in Canada?

Important acts include the Juvenile Delinquency Act (1908), Young Offenders Act (1984), and Youth Criminal Justice Act (2003).

What is the aim of mental health courts?

Mental health courts aim to diverge accused individuals from incarceration and facilitate their treatment.

What challenges do offenders with mental disorders often face?

They often experience cycles leading to recidivism due to untreated mental health issues.

What statistics represent the Indigenous population in Canadian prisons?

Indigenous people make up about 3% of the Canadian population but around 18% of inmates.

What does the drug treatment court aim to address?

It aims to provide treatment and alternatives for offenders with substance abuse issues.

How often is psychiatric hospitalization a condition of discharge?

Conditional discharge with psychiatric hospitalization typically occurs in cases of violent crime.

What elements are considered in determining a defendant's fitness to stand trial?

Documented mental health history, treatment, and personal interviews are key elements.

What must a psychiatrist consider when making a fitness determination?

They must consider the case context alongside the measures and interview data.

What can be expected during the restoration of fitness to stand trial?

A typical duration for restoring fitness to stand trial is around 6 months.

What is a potential legal outcome for a defendant found NCRMD?

A defendant might be ordered treatment rather than punishment.

What is the importance of understanding the mental state during the act?

Understanding the mental state helps determine culpability and legal responsibility.

What type of information can assist psychiatrists in fitness evaluations?

School and employment records, along with mental health treatment history, are valuable.

What role does impulsiveness play in youth criminality?

Impulsiveness can lead to more reckless behavior and less consideration of consequences.

What is risk assessment in the context of offenders?

It measures how probable an offender is going to reoffend.

What types of risk assessments exist?

They can be general or specific.

What can risk assessments lead to?

Treatments or rehabilitations.

What does civil commitment allow?

It allows the state to confine someone even if they have not committed a crime.

What criteria must be met for civil commitment under the Mental Health Act?

The individual must be suffering from a severe mental breakdown or present a clear danger to themselves or others.

What are static risk factors?

Risk factors that cannot be changed, such as an individual's family background or past offenses.

What are dynamic risk factors?

Risk factors that fluctuate over time and are subject to change.

What is an acute risk factor?

A risk factor that can change from moment to moment.

What is a dispositional risk factor?

Risk factors that reflect an individual’s traits, tendencies, and styles.

What is the historical significance of clinical judgment in risk assessment?

First generation unguided clinical judgment was based on intuition.

What were the limitations of second generation static actuarial measures?

They were very mechanical with little flexibility.

What does the third generation of risk assessment focus on?

Both static and dynamic factors.

What is a fourth generation risk assessment?

It emphasizes a case management process.

What are LSCMI and PCLR used for?

They are risk assessment tools used in American courts.

What percentage of American courts use risk assessment tools?

88%.

How is psychopathy defined?

Reduced experience of emotions like fear, guilt, and empathy.

What score indicates a psychopath on the PCL-R?

A score over 30.

What characterizes item 1 of the PCL-R?

Glibness/superficial charm.

What is item 3 of the PCL-R associated with?

Need for stimulation and restlessness.

What does item 4 of the PCL-R describe?

Pathological lying.

What trait is described by item 6 of the PCL-R?

Lack of remorse or guilt.

What is a parasitic lifestyle according to item 9 of the PCL-R?

Leeching off others without stable employment.

What are dispositional and contextual risk factors?

Dispositional relates to individual traits, while contextual pertains to the current environment.

What factors are included in the LS/CMI risk assessment model?

Risk, need, and responsivity.

What is the predictive accuracy of the V-RAG tool?

Around 76% accuracy for future violence.

What is Static-99R primarily based upon?

Static risk factors.

What characteristic is measured under the HCR-20 model?

It estimates historical, present, and future risk.

What mental health symptom is often linked to violence?

Dissociation from reality.

What is the misconception about sexual offenders?

That all sex offenders will reoffend.

What demographic of sex offenders has a higher likelihood of recidivism?

Non-married sex offenders and those who victimize strangers.

What trends are observed in young offenders regarding recidivism?

Higher short-term risks but usually desist in their later 20s.

What is a key factor for predicting risk in female offenders?

HCR-20 is most helpful for them.

What is one reason why female offenders may reoffend?

If they have a history of being victimized or abused.

What typical offenses are observed more in female offenders?

Prostitution, theft, fraud, and drug offenses.

What sentences might result from an offender assessed as low risk?

Eligibility for parole and less restrictive conditions.

What impact does cognitive bias have on clinical judgment in risk assessment?

It can lower the accuracy of judgments.

What defines rape according to pre-1983 laws?

Rape is defined as sexual intercourse with a female, who is not his wife, without her consent or consent obtained through threats or deception.

What legislation changed the term 'rape' to 'sexual assault'?

Bill C52 changed the term from rape to sexual assault.

How many tiers of sexual assault exist under current Canadian law?

There are three tiers: Level 1, Level 2, and Level 3 sexual assault.

What is the maximum penalty for Level 3 sexual assault?

The maximum penalty for Level 3 simple sexual assault is 10 years.

What characterizes Level 2 sexual assault?

Level 2 sexual assault involves the use of a weapon or causing bodily harm, with a maximum penalty of 14 years.

What is the maximum penalty for aggravated sexual assault?

The maximum penalty for aggravated sexual assault is life imprisonment.

What constitutes consent according to the lecture?

Consent must be voluntary, sober, enthusiastic, informed, mutual, honest, and verbal.

Can consent be revoked?

Yes, consent can be withdrawn at any time.

What is the legal age at which an individual can consent to sexual activity?

Individuals under 12 cannot consent; those 12 or 13 cannot consent to someone more than 2 years older; and those 14 or 15 cannot consent to someone more than 5 years older.

What role does intoxication play in consent?

If someone is drunk or high, they cannot give legal consent.

What percentage of sexual assaults reported in 2018 involved children?

About 8,000 out of 28,700 reported assaults (approximately 27.9%) involved children.

What is the sexual assault victimization rate in Canada?

The rate of reported sexual offenses in Canada is 78 per 100,000.

Who constitutes the majority of sexual assault victims?

The majority of victims are women under 25, accounting for around 60% of total victims.

How much more likely are Indigenous women to be victims of sexual assault?

Indigenous women are three times more likely to be victims of sexual assault.

What is a common reason for not reporting sexual assault?

Victims may feel ashamed, think the perpetrator has been dealt with, or believe the police will not help.

What is the false allegation rate according to the lecture?

False allegations account for probably less than 10% of all reports.

What is described as non-contact sexual offenses?

Non-contact sexual offenses include activities such as voyeurism and exhibitionism.

What is the crossover effect in sexual offending?

The crossover effect refers to a sexual offender who engages in one type of sexual offense beginning to engage in another type.

What percentage of sexual offenders tend to reoffend?

About 12% of sexual offenders are predicted to sexually reoffend.

What factors predict recidivism in sex offenders?

Substance use, criminal history, and exclusive sexual interest in children are predictive of recidivism.

What are opportunistic rapists characterized by?

Opportunistic rapists are impulsive, influenced by their environment, and do not preplan their offenses.

What motivates sadistic rapists?

Sadistic rapists obtain sexual gratification by causing pain and injury to their victims.

What defines power rapists?

Power rapists seek to establish dominance and power over women, not primarily motivated by sexual gratification.

How are power-assurance rapists characterized?

Power-assurance rapists have lower social skills and often feel incompetent, using little violence.

What distinguishes sadistic from angry rapists?

Sadistic rapists deliberately inflict pain for sexual gratification, while angry rapists are primarily driven by rage.

What do intra-familial child molesters tend to exhibit?

Intra-familial child molesters are generally less dangerous and have fewer cognitive distortions.

What is the difference between fixed and regressed child molesters?

Fixed molesters are primarily attracted to children, while regressed molesters are primarily attracted to adults but sometimes target children.

What types of behaviors do hebephiles exhibit?

Hebephiles have urges or behaviors directed toward pubescent children.

Why do many female sex offenders struggle with their criminality?

Female sex offenders often have severe substance abuse problems and may view the child as an equal.

What is one treatment approach for sex offenders?

Treatment may include addressing cognitive distortions, developing empathy, and social skills training.