NCJ Number
50897
Journal
CANADIAN PSYCHIATRIC ASSOCIATION JOURNAL Volume: 20 Issue: 6 Dated: (OCTOBER 1975) Pages: 469-475
Date Published
1975
Length
7 pages
Annotation
AN ANALYSIS OF THE 518 PSYCHIATRIC EXAMINATIONS ORDERED BY COURTS IN OTTAWA, CANADA, IN 1972 AND 1973 EXPLORES THE IMPACT OF THE EXAMINATIONS ON THE JUDICIAL PROCESS.
Abstract
MOST OF THE EXAMINATIONS HAD BEEN REQUESTED BY THE COURT PRIOR TO THE FIRST APPEARANCE OF THE ACCUSED BEFORE A JUDGE. OF THE 518 PERSONS EXAMINED, 338 (65.25 PERCENT) WERE SENT BACK TO COURT AS FIT TO STAND TRIAL, EITHER WITH NO FURTHER RECOMMENDATIONS OR WITH RECOMMENDATIONS FOR OUTPATIENT MENTAL HEALTH SERVICES, AND 172 (33.2 PERCENT) EITHER WERE REFERRED TO A HOSPITAL UNDER VARIOUS ORDERS OR HAD THE CHARGE WITHDRAWN. DISPOSITION WAS NOT KNOWN IN EIGHT CASES. FEMALES WERE MORE LIKELY THAN MALES TO BE SENT TO A PSYCHIATRIC HOSPITAL, AS WERE PERSONS OVER 40 YEARS OF AGE. THE MOST COMMON DIAGNOSES WERE PERSONALITY DISORDER, ALCOHOLISM, AND SCHIZOPHRENIA, IN THAT ORDER. THE EXAMINATIONS CLEARLY SORTED OUT THREE IMPORTANT DIAGNOSTIC CATEGORIES--AFFECTIVE PSYCHOSES, SCHIZOPHRENIA, AND CHRONIC ORGANIC SYNDROME--FOR HOSPITALIZATION. THE DATA SUGGEST THAT ACCUSED PERSONS LACKING LEGAL REPRESENTATION MAY HAVE A GREATER CHANCE OF BEING REFERRED FOR PSYCHIATRIC EXAMINATION. HOWEVER, LACK OF LEGAL REPRESENTATION IS NOT AN IMPORTANT FACTOR IN THE DECISION TO REMAND AN OFFENDER TO A HOSPITAL. THERE IS NO EVIDENCE THAT ANY PARTICULAR TYPE OF OFFENSE IS MORE LIKELY THAN OTHERS TO RESULT IN REFERRAL FOR A PSYCHIATRIC EXAMINATION OR TO A PSYCHIATRIC HOSPITAL. IT IS CONCLUDED THAT PSYCHIATRIC EXAMINATIONS HELP TO IDENTIFY OBVIOUSLY MENTALLY DISTURBED PERSONS, PROVIDE THE COURTS WITH INFORMATION ABOUT THE MENTAL CONDITION OF PERSONS FOUND FIT TO STAND TRIAL, AND DO NOT UNDULY ALTER THE LEGAL PROCESS IN WAYS INCOMPATIBLE WITH THE FREEDOM AND RIGHTS OF THE ACCUSED. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (LKM) --SUMMARY IN FRENCH.