Week 10: Mental Impairment and Criminal Responsibility

Course Overview

Course Code: CRIM 230: Criminal Law CanadaMain Focus: This course provides an in-depth analysis of mental impairment in relation to criminal responsibility, exploring the legal definitions, psychological concepts, and case law that elucidate how mental disorders impact criminal culpability.

Course Schedule

Module A - Introduction to the Course (Weeks 1 & 2)

• Week 1: Face-to-Face lesson on January 6, 4:30-6:20 p.m.

• Week 2: Asynchronous lesson on January 13. Participation is mandatory as it sets the foundation for understanding criminal law concepts.

Module B - The Actus Reus (Weeks 3 & 4)

• Week 3: F2F lesson on January 20, 4:30-6:20 p.m.

• Week 4: Asynchronous lesson on January 27.

• Graded Assessment: Take-home memo assignment instructions will be released and should demonstrate mastery of actus reus principles.Deadline: Responses due by January 27, 4:30 p.m.

Module C - Mens Rea (Weeks 5 & 6)

• Week 5: F2F lesson on February 3, 4:30-6:20 p.m.

• Week 6: Asynchronous lesson on February 10.

• Graded Assessment: Second memo assignment written during Week 5 F2F lesson, focusing on mens rea analysis and application in case scenarios.

Module D - Reading Week and Midterm Review (Weeks 7 & 8)

• Week 7: No lesson (Reading week)

• Week 8: Asynchronous lesson on February 24, focusing on review and preparation for the midterm.

• Graded Assessments: N/A

Module E - Midterm/Mental Impairment and Criminal Responsibility (Weeks 9 & 10)

• Week 9: F2F lesson on March 3, 4:30-6:20 p.m.

• Week 10: Asynchronous lesson on March 10.

• Graded Assessment: Midterm consisting of 20 multiple choice and 10 short answer questions, lasting 1.5 hours, assessing understanding of mental impairment and its legal implications.

Module F - Criminal Defences (Weeks 11 & 12)

• Week 11: F2F lesson on March 17, 4:30-6:20 p.m.

• Week 12: Asynchronous lesson on March 24.

• Graded Assessments: N/A

Module G - Final Exam Review (Weeks 13 & 14)

• Week 13: F2F lesson on March 31, 4:30-6:20 p.m.

• Week 14: Asynchronous lesson on April 7.

• Graded Assessment: Final memo assignment during Week 13 F2F lesson, requiring comprehensive application of course material.

• Final Exam Period: April 11-26, scheduled by the University.

Mental Impairment and Criminal Responsibility

NCRMD (Not Criminally Responsible on account of Mental Disorder):

Definition: A legal status whereby a defendant is deemed to lack criminal responsibility due to a severe mental disorder that hinders their ability to appreciate the nature and quality of their actions, or to recognize that their actions are morally wrong.

Key Concepts:

• Automatism: Refers to situations where the accused acts involuntarily due to a temporary impairment, such as a head injury or psychological condition; this can result in a full acquittal as there is no voluntary act.

• Fitness to Stand Trial: A legal principle that assesses whether the accused possesses the mental capacity to understand the trial process and can effectively communicate with legal counsel. If found unfit, alternative legal processes may be invoked.

The M'Naghten Rules

Origin: Established as a result of the landmark 1843 case of Daniel M'Naghten, who, under the delusion of persecution, killed Edward Drummond. Found insane at the time, this case set crucial precedents regarding legal insanity criteria.Details: The M'Naghten Rules stipulate that to be found not criminally responsible, the defendant must demonstrate that a mental disorder severely impaired their capacity to understand their actions or control their behavior.Significance: This case laid foundational principles for insanity defenses in the law, emphasizing understanding of right and wrong at the time of the offense as crucial to criminal responsibility.

Consequences of NCRMD Finding

Possible Outcomes:

• Absolute Discharge: The individual is released without restrictions.

• Conditional Discharge: Subject to certain conditions or monitoring.

• Institutionalization: The individual may be committed to a psychiatric facility for treatment.

• Designation as "high risk": If deemed dangerous, this can lead to more restrictive measures regarding the individual’s freedom.

Legal Context and Application

Crown's Role: The prosecution can raise an NCRMD defense in two scenarios: when the accused disputes their mental state or after evidence indicates that the accused committed the act charged, thereby necessitating evaluation of their mental health status at the time of the offense.