Close X
Thursday, November 28, 2024
ADVT 
National

Fear Around Insanity Defence Found Groundless

Darpan News Desk The Canadian Press, 19 Mar, 2015 01:49 PM

    TORONTO — The notion that cold-blooded killers and violent offenders are taking advantage of a soft-on-crime justice system by feigning psychiatric illness to win a verdict of not criminally responsible and avoid punishment is a myth, a new study finds.

    For one thing, the study published Thursday by the Canadian Journal of Psychiatry concludes, only a tiny fraction — less than 0.2 per cent of criminal cases in a given year — will receive a verdict of not criminally responsible on account of mental disorder, which used to be known as not guilty by reason of insanity.

    "(Such) cases can conjure thoughts of violent offenders faking a mental illness to avoid prison time, shortened hospital stays with early release into the community accompanied by fears the individual will reoffend," the article states.

    However, data from the national trajectory project, which tracked 1,800 not-criminally responsible men and woman from May 2000 to April 2005 in Quebec, Ontario, and British Columbia, paints a much different picture.

    About half of the cases involve minor assaults, property offences or other non-violent crimes, the study finds.

    Repeat offences — especially involving severe violence — are extremely rare and overall recidivism is lower than that of the general prison population. In fact, people who had committed severe violent index offences were less likely to reoffend than those who had committed less severe offences.

    The study found only 13 cases of severe violent reoffences.

    Overall, according to the study, 17 per cent of NCR cases reoffended after three years of follow-up, roughly half the rate estimated for the general prison population. Reoffence rates are much higher, about 70 per cent, for mentally ill inmates in the general prison population.

    The study also found about three in four NCR patients had been in hospital at least once for a mental-health condition — most commonly for a psychotic disorder compounded by substance abuse.

    "This suggests that violence risk-assessment training and interventions to reduce further mental-health deterioration and criminal offending are a priority in civil psychiatric services," says study co-author, Anne Crocker, of McGill University.

    In other findings:

    — About three in four were on government assistance at the time of the offence

    — One in 10 was homeless

    — About half the NCR population had no prior major criminal convictions

    — Most victims are family members rather than headline-grabbing crimes against strangers.

    "This emphasizes the importance of supporting family members...as both potential helpers and potential victims," the study states.

    The findings also appear at odds with Bill C-14, a new federal government law that transferred responsibility for violent NCR offenders from review boards to the courts.

    In a guest editorial accompanying the research, Patrick Baillie, a psychologist in Alberta, called it an age-old concept that an accused should not be convicted for crimes arising from a mental disorder.

    "A truly safe society does not change that established principle by incarcerating people with mental disorders — or by further stigmatizing them — but rather ensures that procedures are in place to protect both the individual and the public." Baillie says.

    "What is particularly frustrating to at least some of us from a more scientific and less political background is when major policy changes occur in the absence of — and sometimes directly contrary to — what quality research has shown to be the current truth."

    The ongoing national trajectory project also involves researchers from Royal Ottawa Mental Health Centre and the University of British Columbia.

    MORE National ARTICLES

    Online database of leaked Edward Snowden documents now available in Canada

    Online database of leaked Edward Snowden documents now available in Canada
    TORONTO — The first online database of classified documents leaked by former U.S. National Security Agency contractor Edward Snowden has been created in Canada. The Snowden Archive is a joint project between Canadian Journalists for Free Expression and the Politics of Surveillance Project at the Faculty of Information at the University of Toronto.

    Online database of leaked Edward Snowden documents now available in Canada

    Police release three arrested after potential threat made against Halifax mall

    Police release three arrested after potential threat made against Halifax mall
    Halifax police have released two men and a woman who were arrested after a mall in the city chose to close Tuesday morning over potential threats, although police were not able to confirm if the threat was valid. Police said in a release Tuesday night that the three were co-operative and it's not believed they were involved in the matter.

    Police release three arrested after potential threat made against Halifax mall

    CSIS warns government of homegrown online anti-Islam threat

    CSIS warns government of homegrown online anti-Islam threat
    OTTAWA — Canada's spy agency is eyeing the threat of a homegrown anti-Islam movement spreading online.The Canadian Security Intelligence Service advised the office of Public Safety Minister Steven Blaney of its concerns during a secret September briefing.  

    CSIS warns government of homegrown online anti-Islam threat

    Charity crowdfunding success linked to self-expression through social media

    Charity crowdfunding success linked to self-expression through social media
    VANCOUVER — Julia Hawkins offers a simple explanation for why she set up an online crowdfunding campaign that brought in $22,000 for a severely beaten homeless man, who she had previously seen a few times near where she works in Cape Breton. "I just like helping people," said Hawkins, a soft-spoken woman from Little Pond, N.S.

    Charity crowdfunding success linked to self-expression through social media

    B.C. ferry navigator convicted of negligence turns to Supreme Court of Canada

    OTTAWA — A former ferry navigator who was convicted of criminal negligence in a fatal sinking off the British Columbia coast is asking the Supreme Court of Canada to review his case.Karl Lilgert was convicted of two counts of criminal negligence causing death and sentenced to four years for his role in the 2006 sinking of the Queen of the North.

    B.C. ferry navigator convicted of negligence turns to Supreme Court of Canada

    B.C. terror suspects build bombs ahead of alleged Canada Day plot: trial

    B.C. terror suspects build bombs ahead of alleged Canada Day plot: trial
    VANCOUVER — Just days ahead of an alleged bomb plot, a British Columbia man grew fearful that he and his wife would be forced to "take the fall" if they became a liability to an Arab businessman they believed was helping them carry out their planned Canada Day attack, their trial has heard.In a video played at the couple's terrorism trial Monday, John Nuttall confides in his wife, Amanda Korody, that he believe they could be killed by shadowy figures up the chain of command. 

    B.C. terror suspects build bombs ahead of alleged Canada Day plot: trial