NCJ Number
94243
Date Published
1983
Length
418 pages
Annotation
This Canadian report identifies areas of concern and possible options for professionals dealing with mentally disordered offenders, both adults and juveniles.
Abstract
Twenty-five issues are discussed under the general heading of psychiatric remands. These include the purposes for which psychiatric remands should be sanctioned, when such remands should be authorized, and under what conditions they should take place. Other issues discussed concerning psychiatric remands are provisions that should be made regarding consent, who should be permitted to seek the accused's remand, and provisions to be made regarding burden and standard of proof. Sixteen specific issues are considered under the general subject of fitness to stand trial, such as who should be permitted to raise the question, who should try the fitness issue, and what provision should be made regarding burden of proof when a person previously found unfit is returned for trial. The defense of insanity is considered under 12 particular issues, including the question of should insanity be a separate defense in criminal law and if so, what the test of insanity should be. Other sections focus on automatism and criminal responsibility (8 issues), the criminal commitment system as it relates to disposition (40 issues), interprovincial transfers (9 issues), the convicted mentally disordered offender (3 issues), and the mentally disordered young offender. Six appendixes contain cases, books and reports, papers, a summary of an American study, Oregon revised statutes, Criminal Code extractions, and other legislative highlights.