MENTAL DISORDER AND THE CRIMINAL TRIAL PROCESS

• NCJ Number: 49358
• Author(s): M E Schiffner
• Date Published: 1977
• Length: 368 pages
• Corporate Author: Butterworth
• Sale Source: Butterworth
• Language: English
• Country: Canada
• Note: CANADIAN LEGAL TEXTBOOK SERIES

Annotation

THE RELATIONSHIP OF PSYCHIATRY TO CRIMINAL LAW IN CANADA IS EXPLORED IN A TEXT DIRECTED TO LAWYERS, LAW STUDENTS, FORENSIC PSYCHIATRISTS, AND STUDENTS OF CRIMINOLOGY.

Abstract

THE BOOK FOCUSES ON THE PROBLEMS AND PROCEDURES ASSOCIATED WITH THE TRIAL OF MENTALLY DISORDERED DEFENDANTS IN CANADA. OPENING CHAPTERS DEAL WITH PRETRIAL DIVERSION, FITNESS TO STAND TRIAL, AND EVIDENTIARY DIFFICULTIES ARISING OUT OF PRETRIAL PSYCHIATRIC EXAMINATION. A SECTION ON PSYCHIATRIC DEFENSES OFFERS A DETAILED DISCUSSION OF THE WAYS IN WHICH MENTAL DISORDER OR ABNORMALITY MAY BE ASSERTED AT TRIAL TO NEGATE OR REDUCE CRIMINAL RESPONSIBILITY. THE DISCUSSION TOUCHES ON AUTOMATISM (UNCONSCIOUS BEHAVIOR), INSANITY, INTOXICATION, LACK OF MENS REA (SPECIFIC INTENT) PRODUCED BY MENTAL DISORDER, PROVOCATION, AND INFANTICIDE. THE USE OF PSYCHIATRIC EVIDENCE AT TRIAL ALSO IS DISCUSSED. THE THIRD PART OF THE BOOK FOCUSES ON THE ULTIMATE CONSEQUENCES THAT MAY FLOW FROM A DETERMINATION THAT THE ACCUSED IS MENTALLY ABNORMAL. THE ISSUES OF SENTENCING, TREATMENT, AND RELEASE OF DISORDERED OFFENDERS ARE CONSIDERED. A SEPARATE CHAPTER DEALS WITH SEXUAL OFFENDERS. THE TEXT CONTAINS REFERENCES TO THE CANADIAN CRIMINAL CODE AND TO PROVINCIAL MENTAL HEALTH STATUTES THAT AFFECT MENTALLY DISORDERED DEFENDANTS. TABLES OF CASES AND STATUTES AND AN INDEX ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)