CRIMINAL PROCESS AND MENTAL DISORDER - LAW REFORM COMMISSION OF CANADA - WORKING PAPER 14

• NCJ Number: 31475
• Author(s): ANON
• Date Published: 1975
• Length: 138 pages
• Corporate Author: Law Reform Cmssn of Canada
• Sale Source: Information Canada
• Language: French; English
• Country: Canada
• Note: ALSO APPEARS IN CANADIAN JOURNAL OF CRIMINOLOGY AND CORRECTIONS, V 18, N 1 (JANUARY 1976).

Annotation

INCLUDED IN THIS PAPER ARE AN ASSESSMENT OF THE PROBLEMS OF LAW REFORM WITH RESPECT TO THE CRIMINALLY INSANE, A REVIEW OF EXISTING PROCEDURES FOR DEALING WITH MENTALLY ILL OFFENDERS, AND SEVERAL RECOMMENDATIONS FOR REFORM.

Abstract

AMONG THE PROBLEMS NOTED BY THE COMMISSION MEMBERS ARE THE LACK OF A STANDARD DEFINITION OF INSANITY, THE NARROW FOCUS OF THE CRIMINAL LAW WITH RESPECT TO THE MENTALLY ILL, SOCIETY'S ATTITUDES TOWARDS THE MENTALLY ILL, AND THE CRIMINAL LAW'S FAILURE TO RECOGNIZE AND PROVIDE FOR PRACTICAL PROBLEMS FALLING OUTSIDE THE TRADITIONAL LEGAL CONCEPTS OF UNFITNESS AND INSANITY. SEVERAL POINTS AT WHICH MENTAL DISORDER SHOULD BE CONSIDERED IN THE CRIMINAL PROCESS ARE THEN EXAMINED. THESE INCLUDE DIVERSION OF THE MENTALLY ILL, FITNESS TO STAND TRIAL, MENTAL DISORDER AT TRIAL, PRINCIPLES OF SENTENCING AND MENTAL DISORDER, AND CORRECTIONAL TREATMENT OF THE MENTALLY ILL OFFENDER. THE ROLE OF PSYCHIATRIC EXPERTS IN THE CRIMINAL PROCESS, AND THE FORM AND DELIVERY OF MEDICAL REPORTS AND REMANDS FOR EXAMINATION ARE ALSO CONSIDERED. --IN ENGLISH AND FRENCH