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    Mental Disorder Preliminary Points

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    munu07
    This document outlines some key points about mental disorder in criminal law. It defines mental disorder as a disease of the mind that impairs functioning, excluding self-induced states. It also discusses the fitness principle where it is unjust to try someone who does not comprehend or meaningfully participate in proceedings due to a mental condition. It notes that mental health issues can become relevant at any stage of criminal proceedings. Finally, it discusses alternatives to prosecution for those with mental disorders, such as diversion programs that focus on restoration rather than criminal charges.

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    Mental Disorder Preliminary Points

    Uploaded by

    munu07
    10 views2 pages
    This document outlines some key points about mental disorder in criminal law. It defines mental disorder as a disease of the mind that impairs functioning, excluding self-induced states. It also discusses the fitness principle where it is unjust to try someone who does not comprehend or meaningfully participate in proceedings due to a mental condition. It notes that mental health issues can become relevant at any stage of criminal proceedings. Finally, it discusses alternatives to prosecution for those with mental disorders, such as diversion programs that focus on restoration rather than criminal charges.

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    12. Mental Disorder Preliminary Points

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    This document outlines some key points about mental disorder in criminal law. It defines mental disorder as a disease of the mind that impairs functioning, excluding self-induced states. It also discusses the fitness principle where it is unjust to try someone who does not comprehend or meaningfully participate in proceedings due to a mental condition. It notes that mental health issues can become relevant at any stage of criminal proceedings. Finally, it discusses alternatives to prosecution for those with mental disorders, such as diversion programs that focus on restoration rather than criminal charges.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    10 views2 pages

    Mental Disorder Preliminary Points

    Uploaded by

    munu07
    This document outlines some key points about mental disorder in criminal law. It defines mental disorder as a disease of the mind that impairs functioning, excluding self-induced states. It also discusses the fitness principle where it is unjust to try someone who does not comprehend or meaningfully participate in proceedings due to a mental condition. It notes that mental health issues can become relevant at any stage of criminal proceedings. Finally, it discusses alternatives to prosecution for those with mental disorders, such as diversion programs that focus on restoration rather than criminal charges.

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    Criminal Law

    Mental Disorder: Some Main Preliminary Points

    Mental Disorder Definition/Terms

     Criminal Code section 2: Mental disorder is a “disease of the mind”.

     Case law explains mental disorder as “any illness, disorder or abnormal condition which

    impairs the human mind and its functioning, excluding…self-induced states caused by alcohol

    or drugs, as well as transitory mental states such as hysteria or concussion” (R. v Cooper).

     Mental disorder is internal NOT external (i.e., drugs, or alcohol induced).

     Fitness principle: it is UNJUST to try an accused who does NOT comprehend the criminal

    proceedings and/or who cannot meaningfully partake in the criminal proceeding due to their

    mental condition.

    o Unfit to stand trial as per section 2 of the Criminal Code = “unable on account of mental

    disorder to conduct a defence at any stage of the proceedings before a verdict is

    rendered or to instruct counsel to do so, and in particular, unable on account of mental

    disorder to (a) understand the nature or object of the proceedings, (b) understand the

    possible consequences of the proceedings, or (c) communicate with counsel.

     NCRMD = Not criminally responsible by reason of mental disorder

    Stages of the Criminal Justice System

     Mental health issues can become critical or relevant at any stage of a criminal proceeding:

    initial police contact; initial appearance of accused; any stage of proceeding when issue of

    fitness to stand trial is brought up; and any time evidence accused has mental disorder at time of

    offence is admitted.
    Alternatives to prosecution

     When is the initial or first time a person is entered into the criminal system or process as a

    mentally disordered individual? It is usually when a 911 call is made.

     The police may not lay charges; it is up to their discretion. The police may admit the person to a

    psychiatric facility.

     If a person is fit to stand trial, the Crown may still decide not to prosecute.

     The criminal justice system is not always best suited for individual who have mental conditions

    or disorders. Diversion is a system where an accused’s criminal charges are conditionally

    stayed. For pre-charge and post-arrest, diversion may be best for these individuals.

     Diversion is an alternative to prosecution; it concentrates on restoration and remediation.

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