Defendants with Mental Disorders Review

Defendants with Mental Disorders

  • Characteristics:

    • More likely to be arrested and less adept at committing crimes, leading to higher capture rates.

    • More likely to plead guilty due to inadequate legal representation or inability to understand plea consequences.

  • Recidivism Rates:

    • Not necessarily more likely to commit future crimes if granted conditional release, particularly violent ones.

    • Statistics:

      • 2x as likely to return to the criminal justice system.

      • 43% chance of re-arrest associated with schizophrenia.

      • 46% chance of re-arrest linked to substance abuse.

      • 2x higher likelihood of re-arrest with past violent crimes.

Prevalence Rates of Psychiatric Disorders

  • Study: Bland et al. (1990)

  • Sample: Edmonton defendants

  • Prevalence Rates:

    • Affective disorder: 25%

    • Antisocial personality disorder (APD): 58%

    • Anxiety/Somatoform disorder: 18%

    • Schizophrenia: 1%

    • Substance abuse: 89%

Antisocial Personality Disorder (APD)

  • Definition:

    • Pervasive pattern of disregard for the rights of others, beginning in childhood and continuing into adulthood.

  • Characteristics:

    • Failure to conform to social norms and lawful behavior.

    • Lack of remorse; manipulative behavior; deceitful, irritable, and irresponsible.

  • Prevalence in Prisons:

    • 60% - 80% of adult offenders diagnosed with APD.

    • Most APD offenders are not psychopaths; nearly all psychopathic offenders meet APD criteria.

Psychopathy Overview

  • Distinction from Sociopathy:

    • Psychopathy is linked to inherent traits, whereas sociopathy relates to environmental factors (e.g., poor parenting).

  • Workplace Impact:

    • Positive Traits: Creativity, strategic thinking, communication skills.

    • Negative Traits: Poor teamwork, management skills, and potential for a toxic work environment.

Psychopathy and Violence

  • Development of Criminal Behavior:

    • Starts at a younger age; persists over time; more likely to be violent.

  • Types of Violence:

    • Instrumental Violence: Goal-oriented, well-planned, typically involving strangers.

    • Reactive Violence: Impulsive and emotional, usually directed at known individuals.

    • Sexual Violence: Higher scores of psychopathy in individuals committing sexual homicide or sadism.

Psychopathy in the Legal System

  • Interrogation Dynamics:

    • Different methods work or fail with psychopaths during interrogations.

  • Sentencing Decisions:

    • Severity often correlates with psychopathy scores.

  • Treatment Issues:

    • Difficulties with diagnosis; inconclusive research on effective treatment.

Case Study: Charles Manson

  • Background as a “street child”; exposure to criminality from a young age.

  • Developed criminal thinking patterns during extensive incarceration.

  • Used drugs like LSD to maintain control over himself and others.

Mental Disorders and Schizophrenia

  • Characteristics:

    • Hallucinations, delusions, incoherent speech, bizarre behavior.

    • Chronic difficulties in cognition and emotional responses.

  • Neuroscientific Insights:

    • Thinner prefrontal cortex and decreased neural activity linked to both APD and schizophrenia.

Fitness to Stand Trial

  • Criteria for Assessment:

    • Understand the charges, can communicate with legal counsel, and grasp trial proceedings and outcomes.

  • Legal Framework:

    • Bill C-30 (1992): Defines conditions under which a defendant may be deemed unfit.

  • Assessment Protocols:

    • Evaluations by medical practitioners; maximum evaluation period of 60 days.

Characteristics of Defendants

  • Referred vs. Not Referred: Referred defendants are more likely to have a history of living alone, previous arrests, and psychiatric diagnoses, among other factors.

Insanity Defense and NCRMD

  • Insanity (1800): Impairment affecting perception and cognition at the time of the offense.

  • Usage: Less than 1% in the U.S., with a successful rate of around 25% when mutually agreed upon.

  • Post-NCRMD Outcomes:

    • Discharges can be absolute or conditional with specific restrictions; may involve reassessment and re-incarceration if deemed necessary.

  • Case Examples:

    • Tim McLean's killing accepted NCRMD; Jun Lin's murder rejected NCRMD plea.