Society believes it is unfair to punish people for criminal acts if they have a mental illness that prevents them from understanding their actions or the consequences
The system aims to help rehabilitate and re-integrate people into the community
Myths of Mental Health:
Stigma leads to discrimination and disrespect
Double stigma when unfairly labeled as 'dangerous'
Rules in Canada's criminal justice system are set out in the Criminal Code of Conduct
Must also follow the Mental Health Act
After arrest:
Police can charge with an offence
Take to hospital for assessment under MHA
Release without charge
Involuntary Hospitalization:
Doctor assesses
Form 1 filled out for longer inpatient psychiatric assessment
Can be kept involuntarily for up to 72 hours
Form 3 for up to two weeks
Form 4 for ongoing involuntary admission
Forensic Assessment:
Conducted by a Forensic Psychiatrist
Assessment presented in court
Judge makes decisions based on the report
Options for NCR: Absolute discharge, conditional discharge, or detention order
Ontario Review Board (ORB):
Panel includes a psychiatrist, mental health professional, lawyer, community member with mental health background, and chairperson
Responsible for deciding on release to the public, security level, hospital placement, community integration, and support
ORB Decisions:
Made by majority vote
Considers risk to the public, mental health status, societal integration, and individual needs
Ending Relationship with ORB:
No longer under ORB authority with absolute discharge or fit to stand trial
Support may still be needed to avoid re-entry into the system
Mandatory Treatment:
Cannot deny treatment, can be administered involuntarily
Study on Forensic Mental Health Population:
Provides updated description post landmark court cases
Unfit to stand trial if unable to understand proceedings, consequences, or communicate with counsel
Key Insights from the Study:
Psychotic spectrum disorders common
Substance use disorders overrepresented
Substance use critical risk factor
Risk assessments important for violence prevention
Family members as victims a concern
Purpose of correctional services:
Punishment
Protect Society
Protect the accused
Confirm the Identity of the accused
Yelling at a child as punishment or reinforcement:
If it increases the behavior, it is a reinforcement
Offender Management Programs (OMPS):
Superficial in approach
Experienced ill resources
Unlikely to engender change
Prison Climate characterized by lack of interest among correctional staff and lack of empathy
Rehabilitation within Prison Policy:
Buffeted by Changes in social trends, competing political ideologies, and conflicting research evidence about effectiveness
The position of rehabilitation within the prison has never been stable
The 20th century was characterized by the rise of a rehabilitative ideal focusing on social welfare and the psychological treatment of prisoners based on sociological and psychological factors
Optimism by Dissemination of Evidence:
Target criminogenic needs: Needs that are Changeable (Dynamic), lack of education, lack of employment, substance abuse, low self-regulation
Effective in reducing crime
Throughcare:
Rehabilitation interventions implemented in prison are more likely to be effective if they are followed up after release and if the transition from custody to the community is planned and coordinated from an early stage in the sentence
From Panel Policy to Rehabilitative Practice:
The implementation has been undermined by the nature of the institution itself: overcrowding, short-staffed, views of people who work in the prison are important, positive vs negative attitudes about the prospective of offender reform
Findings: Nature of organizational support for treatment:
Prisoners believed that the institution took little responsibility for rehabilitation
Responsibility devolved to the individual to proactively pursue any rehabilitative opportunities
Characteristics of interventions to support rehabilitation:
Lack of support
OMP: Attendance to these programs is mandatory and becomes self-serving
Work Placement: Work for prisoners
Boredom is a concern for prisoners, who are often mentally and emotionally ill-prepared for the reality of confinement
The complexion of prison climate:
Staff interest in rehabilitation: Prisoner rehabilitation was not generally seen to be a key concern of correctional staff