Forensics Finals

SSC Hutchinson

"A person consents to how she will be touched, and she is entitled to decide what sexual activity she agrees to engage in for whatever reason she wishes. The fact that some of the consequences of her motives are more serious than others, such as pregnancy, does not in the slightest undermine her right to decide how the sexual activity she chooses to engage in is carried out. It is neither her partner's business nor the state's," "We conclude that where a complainant has chosen not to become pregnant, deceptions that deprive her of the benefit of that choice by making her pregnant, or exposing her to an increased risk of becoming pregnant by removing effective birth control, may constitute a sufficiently serious deprivation for the purposes of fraud vitiating consent."

Micheal Woodworth Psychopath

"A true psychopath is someone that has a blend of emotional, interpersonal, lifestyle and behavioral deficits but an uncanny ability to mask them. They come across as very charming, very gregarious. But underneath there's a profound lack of remorse, callousness and a lack of empathy" ->"They have certain characteristics like fearless dominance, boldness and a lack of emotion. Many successful presidents have scored highly [on the psychopathy scale]" Crazy at the wheel! ->BOLDNESS = does not equate psychopathy! (necessarily) --->his words got twisted! A lot of presidents have been high on boldness aspect

Coercive Paraphilic: Rejected from Disorder DSM-5

"Rape is not a mental disorder" 1) at least 6 months -->recurrent, intense sexually arousing fantasies or sexual urges focused on sexual coercion 2) Person is distressed or impaired by these attractions -->sought sexual stimulation from forcing sex on 3 or more non-consenting persons on separate occasions 3) Not made if Sexual Sadism Deviant Rape Pattern => prefer raping over intimate sexual interaction ->Deviant: pattern that does not conform to expected behaviour

Allan Frances DSM-V

***Paraphilic Coercive Disorder would expand the pool of sex offenders who are eligible for indefinite civil commitment*** -->because they have a "mental disorder" to include cases of sexual coercion -->diagnostic criteria to identify them: none accurate ---->Paraphilic Coercive Disorder was initially considered for inclusion in DSM-III-R (under the name Paraphilic Rapism) but was rejected because it was impossible to reliably and validly differentiate those rapists whose actions are the result of a paraphilia from the large majority of rapists who are motivated by other factors (such as power). ---->Given the facts (acknowledged in the rationale section) that most rapists are savvy enough to deny sexual fantasies and the unreliability (and unavailability) of laboratory testing, the diagnosis will inevitably be based only on the person's behavior, *leading to a potentially alarming rate of false positives with consequent wrongful indefinite commitment* DSM-5 Rejects Coercive Paraphilia: Once Again Confirming That Rape Is Not A Mental Disorder (May 2011) "This DSM-5 rejection of rape as mental disorder will hopefully call attention to, and further undercut, the widespread misuse in SVP hearings of the fake diagnosis "Paraphilia Not Otherwise Specified, nonconsent." Mental health evaluators working for the state have badly misread the DSM definition of Paraphilia and have misapplied it to rapists to facilitate their psychiatric incarceration." -Proposed Appendix? ---->Francis says......NO!!!!

Courtship Disorders

*Distorted components of human courtship behaviour Types of paraphilia that are distortions of the normal evolutionary mating process; Ex: voyeurism (involves viewing), exhibitionism (involves being viewed), frotteurism (involves touching) -->Organizing paraphilias into courtship stages suggests that the paraphiliac's behavior becomes fixed at the preliminary stage of mating that would normally lead to vaginal intercourse

Bill C-30

*The NCRMD regime established under Bill C-30 was immediately more attractive to mentally ill persons appearing in court than taking the usual criminal justice pathways and so the disposition became more commonly employed* -->effective psychiatric tretment, for example, may only reduce recidivism among those who violence is clearly linked to the effects of their mental illness -->*For others, criminogenic risk factors such as poverty, substance use, and antisocial attitudes would need to be addressed in order to effectively manage risk and reduce recidivism* ***same as prison***

Some Recent Canadian Statistics

-**80% of sexual assault incidents occur in the home** -57% of aboriginal women have been sexually abused -*31%* of sexual assaults occur in dating and acquaintance relationships -only *6%* of sexual assaults are reported to the police!! -A survey on date rape showed that 60% of Canadian college-aged males indicated that they would commit sexual assault if they knew they would not be caught -83% of disabled women will be sexu

Female Sex Offenders: Some stats (TEXTBOOK)

-20s or 30s -higher rate of caucasian -more likely than men to be married and have children -more likely to have co-offender... (male partner)

Elliott et al. (2010): Female Sex Offenders

-67% of female sex offender sample reported being the victim of either sexual or physical abuse "over two- thirds had suffered some form of abuse, and 42% had experienced sexual abuse, often perpetrated by a primary caregiver or other family member" -->"The females in this sample often report low self-esteem, low confidence, and social isolation and are frequently receiving treatment for depression. Self-management prob- lems are frequently reported and are manifested in dysfunctional lifestyles, poor and negligent parenting skills, and relationship instability" ---->"both sets of groups displayed attitudes of entitlement. However, for the lone offender groups this manifested as a feeling that sexual contact was justified because their own needs came before the needs of the child, whereas in the co-offender groups this belief manifested as a feeling that sexual contact was justified because their partner's needs came before the needs of the child."

Canada condom piercer verdict considered by Supreme Court....

-The judge at Hutchinson's first trial called his actions "dastardly" but acquitted him. The Crown appealed that decision, and Hutchinson was convicted in December 2011 at his second trial. -In January 2013, the Nova Scotia Supreme Court rejected Hutchinson's appeal that the sentence was harsh and excessive and that the woman voluntarily consented to have sex with him. --->2006, save relationship, poked holes in condoms to get her pregnant, confessed to what he had done later, she called police

Exhibitionism Causes:

-socially and sexually inadequate -blow to self esteem -stress Case = person progressed to flash from gambling, moved from diff country, really isolated, very stressed with work

Canadian Law - Sexual Assault

-violent/power nature of act -not limited to intercourse Different levels: -->*causing bodily harm* -->assault with a *weapon* -->*aggravated* Canada's Criminal Code has no specific "rape" provision. Instead, it defines assault and provides for a specific punishment for "sexual assault". In defining "assault", the Code includes physical contact and threats.

Frottage (Rubbing)

-where people crowd together -often not benign (gentle) -often not reported -a person that likes crammed areas to touch people so that they think its an accident but actually doing it on purpose

The Criminal Code Provides "close in age" or "peer group" exceptions:

A 14/15 years old can consent to sexual activity with a partner as long as the partner is *less than 5 years older* and there is no relationship of trust, authority or dependency or any other exploitation of the young person --->there is a narrow exception for couples who were married before 2015, and one of the spouses was under the age of 16 at the time of the marriage *There is also a "Close-in-age" exception for 12 and 13 years olds* -->a 12 or 13 year old can consent to sexual activity with another young person who is less than two years older and with whom there is no relationship of trust, authority or dependency or other exploitation of the young person

Fetishism

A form of sexual behaviour in which gratification is linked to an abnormal degree to a particular object, activity, part of the body ->paraphilia involving sexual arousal by unusual objects or body parts

Coprophilia

A sexual paraphilia in which a person obtains sexual arousal from contact with feces *abnormal interest and pleasure in feces and defecation -->person gets aroused from feeling of warm toilet seat after someone is done using it

M'Naghten Rule

A standard to be applied by the jury, after hearing medical testimony from prosecution and defence experts -created a *presumption of sanity*, unless the defence proved "at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and the quality of the act he was doing or, id he did know it, that he did not know what he was doing was wrong"

Peter Whitmore Sex Offender/Pedophile

Admitted to fantasizing everyday about sex with children -->100% risk to reoffend -->24 hr surveillance -->repeatedly refused any treatment (did not want to get better/stop offending) -Court Orders repeatedly imposed until.. -->Section 810.1 Oders: preventative justice in a justice system that usually requires a person to commit an offence before his liberties are restricted =====>Mistakes! Court order ran out (expired) =>Recognition order/peace bond expired June 2006: "Documents show that a series of communication failures in the court system allowed the order to expire and Whitmore relocated to Morinville, Alta. Days later Whitmore would kidnap and sexually assault two boys" -->currently serving life sentence, and in 2013 became eligible for parole ----->but not a DO! (pleaded guilty instead) (no sexual crimes recently, only parole/release violations) ---------->release conditions and previous year no breaches: curfew, maintain residence stay in touch with worker

Empathy in sexually sadistic offenders: An experimental comparison with non-sadistic sexual offenders (Nitschke, Istrefi, Osterheider, Mokros) 2012

Assessed empathic capacity in a sample of 12 sexual sadists in comparison with 23 non-sadistic offenders using the Multifaceted Empathy Test (MET). Results: ->Sexual sadists did not differ from non-sadistic sexual offenders with regard to emotional empathy for either positive or negative stimuli. --->suggests that severe sexual sadism is a distinct, pathological sexual arousal response, not a deficit in emotional processing --->It may be the case that the ordinary empathic capacity of sexual sadists cannot compete with the sexual attraction of sadism

Grandiose Narcissism

Characterized by inflated self esteem and exhibitionism -traits related to grandiosity, aggression, and dominance, self importance

Bolan & Scannapieco, 1999

Child Sexual Abuse Boys: 13% Girls: 30-40% Another review, after controlling for some of the factors responsible for variance (e.g., number of screening questions, sample size, and date of study) concluded that the rate of CSA for women was likely to be between 30 and 40%, and for men between 3 and 13% (Bolen and Scannapieco, 1999)

Paraphilia NOS (Not Otherwise Specified)

Condition in which a persons sexual arousal and gratification depend on fantasizing about and engaging in sexual behaviour that is atypical and extreme

James Bezan

Conservative MP James Bezan wants the Manitoba Criminal Code Review Board to deny Vince Li's request to live independently in the community — and he's calling on Manitoba Justice to designate him a high-risk NCR person. *"this request posts a great risk to public safety"*

Craig Hutchinson - Consent

Craig Hutchinson sabotaged the condoms his partner insisted he wear in a bid to impregnate her and thus encourage her to stay with him, prosecutors said. -->Hutchinson argued deceiving his partner about the condoms did not invalidate her consent to have sex with him. -->He faces up to 18 months in prison and will be registered as a sex offender. March 7, 2014: Canada condom piercer verdict upheld by Supreme Court -->7-0 decision, **the SCC ruled that Hutchinson deprived the women of her ability to consent to sex** -->**Charge/convicted Sexual Assault** "she only consented to protected sexual assault"

Consent

Criminal Code, 2011 Critical issue in many sexual assault crime -Under what age? => 16 --->used to be 14 (2008) -Any Exceptions? => *Position of Authority* (employer, teacher, coach) --->Some parts of Angola, Zimbabwe and Mexico => 12

Justin Ross Harris

Dec 05, 2016 -> convicted of murder after leaving his toddler son in a hot car in 2014 summer (for 7 hours!!!! while at work) was sentenced to life in prison without possibility to parole -->also! 'sexting' and exchanging photos and narrative accounts with minors (under 18) -> 8 counts, 3 girls -->wanted to *rid himself of parental responsibility* as he continued to pursue sexual relationships with prostitutes and the women he met online "now people believe that he did not accidentally leave child in car, but did it on paupers = murder"

Sexual Assault

Difficult to obtain accurate information ~2009-> 21000 sexual assaults reported -->2600 sexual offences against children Canadian Urban Victimization Survey: 600 per 100,000 women ->1/4 over lifetime -->reporting for a number of years is increasing

Frotteurism

Disorder in which a person derives sexual pleasure or gratification from rubbing, especially the genitals, against another person (victim -> non consent), usually in a crowd ->Compulsion to achieve sexual arousal by touching or rubbing against a nonconsenting person in public situations

Exhibitionism

Extravagant behaviour that is intended to attract attention to oneself -a mental condition characterized by the compulsion to display ones generals in public

Corporal Russel Williams

Former Canadian Air Force colonel sentenced in 2010 to life in prison for two murders, two sexual assaults and dozens of break-ins *Williams started by peeping through windows, breaking into homes and stealing lingerie, and photographing himself dressed in the lingerie.* -Then he turned violent. The first victim was 20-years-old. Williams sexually assaulted her, took her bras and panties, bed sheet and baby blanket. Then he broke into her home again to steal additional pieces of lingerie, her driver's license and other items. -The second victim, a 47-year-old neighbour, was bound and forced to undress and pose for photos. He had previously broken into her home, photographed her bedroom and underwear and stole her lingerie. -Finally, Williams' crimes escalated to murder. The first victim, a 37-year-old corporal in the air force, was beaten, bound and raped in her home, then suffocated to death. He videotaped and photographed the attack, even set up lamps in the room to improve the lighting. -His final victim was 27. He bound and raped her and recorded her in various poses wearing lingerie. Then he took her to a cottage where he continued to assault her before killing her. Filming these crimes allowed Williams to capture his fetishistic behaviour, cross-dressing and sexual sadism, but it also captured his conflicted gender identity, the researchers wrote. -soldier had interests, actually broke into houses to steal this stuff -this even ended in murders of people when he tried to steal -interested in bras and panties -John Bredfard, forensic psychologist was broken by this case -even had pics of self wearing this stuff

Sadism*

Getting enjoyment/pleasure out of inflicting pain on someone else ->hard to define what is simply pleasure and what is part of the criminal act -->same empathy levels as non sadist sexual offenders ---->compulsion element/sexual drive trumps empathy ---->same results for empathy if non-sexual things

Furor in Greece over pedophilia as a disability 2012

Greece expanded a list of state-recognized disability categories to include *pedophiles, exhibitionists and kleptomaniacs* -->other disabled groups (death, blind etc) => "incomprehensible" -->already iffy: The labor Ministry said categories added to the expanded list -- that also includes pyromaniacs, compulsive gambler, fetishists and sadomasochists -- were included for purposes of medical assessment and used as a gauge for allocating financial assistance ---->the new list gives pyromaniacs and pedophiles disability pay up to 35 percent, compared to 80 percent for heart transplant recipients "It's really not serious to grant Peeping Toms a 20-30 percent disability rate, and 10 percent to diabetics, who have insulin shots four or five times a day," --->Greece has been fighting to avoid bankruptcy since 2009, public spending on health and welfare programs has been sharply cut under austerity measures imposed ---->leaving some disabled groups, including deaf, facing sudden drops in their standard of care

Woodworth (2013) ISPIN study 139 Highest Risk

High-risk sexual offenders: an examination of sexual fantasy, sexual paraphilia, psychopathy, and offence characteristics -->the present study investigated the potential influence of sexual fantasy, sexual paraphilia, and psychopathy on the offending behaviour of 139 of the highest risk sexual offenders in one province of Canada -->***The sample included 41 child molesters, 42 rapists, 18 rapist/molesters, 30 mixed offenders, and 6 "other" sexual offenders*** -->results revealed that offenders' sexual fantasies were significantly more likely to correspond with the specific type of index sexual offence that they had committed -->offenders scoring high in psychopathy were significantly more likely to have a sadistic paraphilia than offenders with either low or moderate psychopathy scores

Exceptions: Exploitation/Authority

However, the age of consent is 18 years where the sexual activity "exploits" the young person when it involves prostitution, pornography or occurs in a relationship of authority, trust or dependency ---->e.g., with a teacher, coach or babysitter -Sexual activity can also be considered exploitative based on the nature and circumstances of the relationship ---->e.g., the young person's age, the age difference between the young person and their partner, how the relationship developed (quickly, secretly, or over the Internet) and how the partner may have controlled or influenced the young person

Remission

In Full Remission: "The individual has not acted on the urges with a non consenting person, and there has been no distress or impairment in social, occupational or other areas of function for at least 5 years while in an uncontrolled environment" -->Controlled environment: an institution or other setting where opportunities to engage in the atypical sexual behaviour are restricted ->*AT least 5 years*

More cases of female sex offenders:

In legal terms, same rules apply to males and females! --->from legal point of view no differentiation whether female or male does such acts March 3, 2016: female high school teacher Kathy Kitts --->there were some 15,000 text between the teacher and student, who was sexually exploited for two years Erin Osmond: charges with two accounts of sexual exploitation after 16 y/o told RCMP he had sex with her 4 times -->found not guilty, set free

Mr. Justice D. Allan Betton (Kelowna) Appointed to Supreme Court June 24, 2011

KELOWNA - Two men charged with murdering rival gang members had their request to have some evidence thrown out denied in Kelowna Supreme Court today. Cory Vallee is charged with first degree murder of rival gang member Kevin LeClair in 2009. Jason McBride is charged with the first degree murder of LeClair's friend Jonathan Bacon two years later. Vallee is currently being tried in Vancouver and asked B.C. Supreme Court Justice Janice Dillon to rule as inadmissible evidence recovered from a third man's Blackberry cell phone and sim card. Their lawyers say there was not enough reason for a search warrant to be issued. Justice Dillon ordered that Justice Alan Betton, who will preside over McBride's trial in Kelowna, must decide if the warrant violated their rights. On Thursday, March 2 Betton said the judge's decision to grant the warrant was "more than speculation" and denied the application. -->usually judge comes in full rope -judge was particularly/ very variable to course like forensics -he found biggest issue with court is disclosure that with technology courts have gone muck -other judges do not like when people like Woodworth are not completely objective -he did not seem to like when expert becomes bias and thinks should be ignored at that point

"Capping"

NCRMD individuals should not be in the hospital for longer than the prison sentence they would have received ->included in 19992 reforms **But never proclaimed in force**

Knight (2010) Is a Diagnostic Category for Paraphilic Coercive Disorder Defensible?

No -> empirical data does not support this Legal vs. Medical -No distinct syndrom exists that comprises males who are sexually aroused by the coercive elements of rape per say --->sexually aroused by other aspects (sex/naked/body parts/distress) --->can't distinguish from sadistic fantasies (struggling victims/forcing sex)

NCRMD

Not legally responsible while suffering from a disorder that rendered the person incapable of appreciating the nature of the act or incapable of knowing that the act was wrong. -crimes are not to be measured by the issue of events, but by the bad intentions of men (Cicero) -pattern of disdain and comparison to children and animals?

Paraphilias

Para = beside, Philia = Friendship/love "recurrent, intense sexually arousing fantasies, sexual urges, or behaviours generally involving: 1) Nonhuman objects 2) Suffering or humiliation of oneself or ones partner 3) Children or other non consenting persons =>occur over the period of at least 6 months ----->acted on them ----->marked distress, interpersonal difficulties ----->impairment in social, occupational or other important areas of functioning

Woodworth et al. 2013: 139 - 'High on Fire'

Paraphilia: 64% had one, 21% had to or more *Pedophilia most commonly diagnosed* -High psychopathy = more likely to have sadistic paraphilia than low OR moderate ->if engaged in sexual fantasy => 82% were deviant ---->suggesting that engagement in deviantsexual fantasy may be a distinguishing factor between low- andhigh-risk sexual offenders Across all previous sexual offences: -->reported engaging in violent sexual fantasies => 82% had used a weapon in at least one ---->child fantasies => 10% had used a weapon -------->Therefore, the current study suggests that at leastsome types of deviant sexual fantasies appear to have an impact on anoffender's actual behaviour. It is possible that through repeated fanta-sizing about violent sexual activity, this imagined behaviour becomesincreasingly more normalized by the offender and increases thechance that it will be re-enacted with a victim

Unfit to Stand Trial (USD)

Persons who are determined to be unable to understand the proceedings against them or assist in their own defense because of mental or physical condition. -->Unable to understand the nature or object of the proceedings, understand the possible consequences of the proceedings, or communicate with counsel.

R.v Swain -> Bill C-30

Prior: *Could be detained without regard to whether they still posed a risk to the public* -Bill C-30 provided a mentally disordered accused with significantly greater due process protections and introduced substantial procedural changed to the nature of dispositions made available to those found NCRMD -->*Provincial Review Boards were established* as independent tribunals and these took over the decision-making role previously ascribed to the Lieutenant Governor

Victimization Surveys

Questionnaires or interviews used to determine whether people have been victims of crime.

Criminal Code of Canada (prior to 1983)

Rape: ->penile penetration ->not possible for a woman to rape a man ->husband: "a male person commits rape when he has sexual intercourse with a female person who is not his wife"

Abel et al. (1987)

Rapists averaged 7 victims -Female-victim child molesters: 20 victims -Male-victim child molesters: 150 victims "Nonincarcerated sex offenders are generally well educated and socioeconomically diverse, report many more crimes and victims than usually represented in the current literature, and sexually molest young boys five times as often as young girls." ->"The majority of child molestations were committed by individuals who targeted young boys outside the home, followed by incest with a female family member." ->"An earlier report that convicted pedophiles had been found guilty of fewer than 3 paraphilic acts per offender contrasted sharply with this study's finding of from 23.2 to 281.7 acts per offender"

Mentally Ill?

Regina courtroom, Whitmore accepted a controversial plea bargain ... that could see him *paroled in as few as six years.* ->In exchange for the guilty plea, the repeat sex offender was not deemed a dangerous offender, a designation that likely would have brought with it an indefinite prison sentence *Lawyer argues treat pedophilia life a real illness and put him in a psychiatric hospital* -> don't label him DO!

Woodworth (2013) ISPIN Study 139 Highest Risk

Sample included o 41 child molesters o 42 rapists o 18 rapists/molesters o 30 mixed offenders 6 other sexual offenders Results: -->Significant differences between offender types for a number of criminal history variables including past sexual and nonsexual convictions, number of victims, weapon use, and age of offending onset -->Significant differences between offender types for sexual fantasy themes, paraphilia diagnoses, and levels of psychopathy. ------->For example, results revealed that offenders' sexual fantasies were significantly more likely to correspond with the specific type of index sexual offence that they had committed. -->offenders scoring high in psychopathy were significantly more likely to have a sadistic paraphilia than offenders with either low or moderate psychopathy scores. -->Paraphilia: 64% had one, 21% had 2 or more

Schizophrenia

Schizein and pren = split and mind

Adjustment Disorder

Stress-related, short-term, non psychotic disturbance -the discomfort, distress, turmoil and anguish to the patient are significant, and the consequences (e.g. suicidal potential) are extremely important -->DSM-1 in 1952: "Transient Situational Personality Disorder" -*vulnerability in personality during stressful situations*

ALL THE TIME IN NEWS

TODAY.... The Senate Ethics Officer has found that Independent Senator Don Meredith - an ordained Pentecostal pastor - acted inappropriately and displayed "conduct unbecoming" in having sexual relations with a woman under the age of 18.

Why can't pedophilic disorder remit? 2014 Broken et al.

The DSM-5 offers no explanation aside from commenting that "pedophilia per se appears to be a lifelong condition although its symptoms can "fluctuate"

Voyeurism

The practice of ganging sexual pleasure from watching others when they are naked or engaged in sexual activity -->Repeatedly seeking sexual arousal by observing nude individuals without their knowledge or consent

Age and Sexual Recidivism

The results are discussed in terms of developmental changes in sexual drive, self-control and opportunities to offend -"Most crimes are committed by young people and the rate of criminal behaviour gradually decreases with age" "-As with other criminal behaviour, the rate of sexual offending decreased with age. The rate of decline was rather gradual, however, and there were significant differences between types of sexual offenders" -"Among the various factors linked to sexual offending, the three broad factors most relevant to the current study are deviant sexual interests (motivation), opportunity, and low self- control"

Child Abuse & Neglect - 2009 Study Sexual abuse history among adult sex offenders and non-sex offenders: A meta-analysis (Jespersen, Lalumiere, Seto)

The sexually abused-sexual abuser hypothesis states there is a specific relationship between sexual abuse history and sexual offending, such that individuals who experience sexual abuse are significantly more likely to later engage in sexual offense. Therefore, samples of adult sex offenders should contain a disproportionate number of individuals who have experienced sexual abuse, but not necessarily other types of abuse, compared with samples of other types of offenders

Sadism

The tendency to derive pleasure, especially sexual gratification, from inflicting pain, suffering or humiliation on others

Masochism

The tendency to derive pleasure, especially sexual gratification, from ones own pain or humiliation ->abnormal pleasure from being mistreated or dominated ->rare to come to the attention... both not really reported?

Sex AND Offenders -> Psych Info (Research)

Then and Now: ->7063 ==> 310,410!!!!! Criminal AND behaviour ->38450 then Criminal Offender now ===> 425,575!!!!

Quinsey (2010) ~ Coercive paraphilic disorder

There are = *Differences among men in their propensity to commit rape,* and this propensity is linked to antisocial personality characteristics and relatively more sexual interest in brutal rape depictions ->*if highly rape-prone men were to be considered pathological, it would be possible to develop diagnostic criteria to identify them*

Age and Sexual Recidivism: A Comparison of Rapists and Child Molesters (Hanson, 2001)

This study examined the relationship of age to sexual recidivism using data from 10 follow-up studies of adult male sexual offenders (combined sample of 4,673) -Rapists were younger than child molesters and the recidivism risk of rapists steadily decreased with age. -In contrast, extrafamilial child molesters showed relatively little reduction in recidivism risk until after the age of 50. -the recidivism rate of interfamilial child molesters was generally low (less than 10%) ---->*except for the interfamilial offenders in the 18-24 year old group, whose recidivism risk was comparable to that of rapists and extra familial child molesters* **not the same pattern in intrafamilial child molester** ---->age of children will increase, no children there anymore ---->much easier to have access to particular victim rather than going to outer setting where less likely to get caught Results: take more risks and go out of family

Tim's Law

Tim McLean's mother, Carol deDelley, ->the term 'not criminally responsible" will be changed to "not psychologically accountable" which would mean that the individual was still criminally responsible. ->Offender would receive a criminal record and would go through treatment in jail rather than at a treatment facility

Pedophilia

Uncontrollable sexual compulsions/feelings toward children -->by far most common

*NCRMD*

Used *MUCH* less relative to number of offenders who actually have mental illness

Fetishism -> How is it a crime?

When it involves other people, theft, shoplifting (criminal acts) *Legal attention because of theft, burglary, steals* -->may take other valuable items as cover -->ex. steel women undergarment and will also take TV as a cover up -->objects worn by females (classical conditioning -> associating sexual pleasure with items instead of person) If a man has a fetish of certain type of woman clothing, buy pairs of e.g. panties so feel anxious that they are being judged by store people -so instead will steal panties and take other valuable stuff as a cover so it looks like a normal bulglary -but still anxious when stealing

Aggravated assault

When the intention is to inflict serious bodily injury. Aggravated assault is often accompanied by the use of a deadly or dangerous weapon, such as a gun, knife, ax, or other sharp or blunt instrument.

Flasher

e.g. of an exhibitionist -->guy had particular women in terms of profile that he liked to flash (e.g. red hair) -->even started flashing groups of women -would drive by, flash a person, drive off (covered licence plate) ---> a bit came off one time so almost got caught ->had a wife and two children

Actus Reus

guilty conduct, literally means "guilty act" ->illegal act

Psychotic Break?

Whether a mentally ill person should be held legally and morally culpable for an act of unspeakable violence

Skeem, Manchak, & Peterson, 2011

"Correctional policy for offenders with mental illness: creating a new paradigm for recidivism reduction" Offenders with mental illness have attracted substantial attention over the recent years, given their prevalence and poor outcomes. A number of interventions have been developed for this population (e.g., mental health courts). They share an emphasis on one dimension as the source of the problem: mental illness. Their focus on psychiatric services may poorly match the policy goal of reducing recidivism. In this article, we use research to evaluate (a) the effectiveness of current interventions, and (b) the larger viability of psychiatric, criminological, and social psychological models of the link between mental illness and criminal justice involvement. We integrate theory and research to offer a multidimensional conceptual framework that may guide further research and the development of efficient interventions that meaningfully reduce recidivism. We hypothesize that the effect of mental illness on criminal behavior reflects moderated mediation (i.e., the effect is direct in the case of one subgroup, but fully mediated in another); and that the effect of mental illness on other "recidivism" is partially mediated by system bias and stigma. We use this framework to propose three priorities for advancing research, articulating policy, and improving practice.

James Holmes: "He is sane... Sane" "THATS NUTS"

"He is sane": James Holmes trial showed that the insanity plea is a mess The trial was not simply a referendum on Holmes mental soundness ->it was a fraught reckoning with an event more terribly, by a legal system bartering messily with the intersection of moral guilt, mental illness and legal culpability -2 psychiatrists called by the defence said that Holmes did lack the mental capacity to tell right from wrong -2 other court-appointed psychiatrists stated that, while Holmes had severe mental illness and schizophrenia --->*did not amount to legal insanity when he carried out his rampage" --->mentally ill but legally sane --->the jury ruled that (like his purported fictional counterpart), he was mentally disturbed and still guilty of murder

Woodworth et al. (2003)

-Community involvement etc. -Resources -Proactive

Nicholas Layman

"Layman heard a familiar man's voice telling him to attack the child. Layman indicated he felt bothered by the voice but "didn't think about it" because he said there was no other choice, Gill said" -attacked/stabbed 11 year old soccer player in Topsail St. Johns ->schizophrenic, hearing voices through TV, radio, compelled to do it -found NCRDM, taking medication and at Waterford Psychiatric Hospital --->not the easy way out ---->"When a person comes through the NCR process, they're released with monitoring controls and that sort of thing to ensure that the condition does not come back in a dangerous way" ----->biggest challenge is integrating in society in a meaningful fashion

The establishment of annual reviews of the dispositions of NCRMD individuals must consider:

(consider 672.54) 1) Public Safety (need to protect the public from dangerous persons) 2) Mental state of the defendant/patient 3) Reintegration of the defendant/patient in to society 4) other needs of the defendant/patient

TURCOTTE: Quebec College of Medicine

*Experts should be selected by the courts* -->Gaston: "ensure medical experts are objective and more accountable for their testimony" "Faced with questions from Guy Turcotte's ex-wife, Quebec's Collège des médecins says it's working toward a more neutral and equitable system for the use of medical experts in trials, but maintains ultimately it's up to the courts to select a credible expert." -Turcotte's second trial also came down to conflicting expert testimony. --->Experts on both sides agreed that Turcotte was suffering from mental issues — an adjustment disorder with symptoms of anxiety and depression. ------>His defence presented witnesses who said his "major mental illness" prevented him from developing an intent to kill. ------>Prosecution experts countered that he was in control and responsible for the acts. "when someone takes the stand in court and testifies that an adjustment disorder can justify the murder of children, I have serious questions" "the 2 parties can find anyone who has a psychiatry degree, regardless of their experience or position, and put them before a judge" **"Psychiatry is not an exact science and selection or determination of who is an expert...should be the object of a process that is more neutral or guaranteed."**

The Review Board Systems in Canada: An Overview of Results from the Mentally Disordered Accused Data Collection Study **READ

-1 in 5 cases that are processed by the Review Board are released (found fit, given an absolute discharge) after the first hearing -almost 1/4 of NCRMD/UST cases are spending at least 10 years in the Review Board systems and some have been in for significantly longer

Criticisms of the amendments include:

-Depiction of NCR accused as violent and potential barriers to their getting the best possible mental health care. -The codification of the term "significant threat" may lead to fewer people being eligible for absolute discharge, even when the crimes are less significant in nature. -The designation of "high risk" from a principal offense is inappropriate as the rates of recidivism of NCR accused are much lower (2.5-7.5%) than those for the general incarcerated population (41-44%). -Restricting passes into the community decreases the chances of successful reintegration according to the Canadian Bar Association and the Centre for Addiction and Mental Health.

Most Recent Trial - 12 Weeks

-The trial heard the couple had a rocky relationship spanning a decade. -Turcotte said he had been reading emails between Gaston and her new lover and made a decision he wanted to commit suicide. -Testified in his own defence, telling jurors he could only remember the night in snippets or "flashes." -->He said he recalled attacking his son and hearing him whimper but couldn't stop himself from attacking either child. -Isabelle Gaston never thought he could kill them -->Turcotte warned her in a telephone conversation on the day the children were killed that if she wanted a war, she would get one. -->described their marriage as toxic but also noted that Turcotte was not a bad father. Nurse Chantal: -Asked not to receive treatment, Said he killed the children to spite his wife. -->He wanted to make her angry and that the way to do so was to take away from her what was most precious to her

Defence Experts

-Turcotte was obsessed with suicide, mentally ill and incapable of telling right from wrong -psychiatrist with a speciality in domestic homicides, testified Turcotte was suffering from "a major mental illness" that prevented him from developing an intent to kill -another psychiatrist: Turcotte killed his kids to prevent them from witnessing his eventual suicide --->logic was faulty and the result of a sick mind --->actions were the product of his troubled mental state and his suicidal thoughts ----->drank the fluid before the slayings in an attempt to commit suicide and then decided to kill his children to spare them finding his body the next day

After the Murders Turcotte:

-cancelled a meeting with his real estate agent -let the babysitter know she wouldn't be needed the next day -an hour-long telephone conversation with his mother -went and hid under the bed

Duelling Experts

-experts on both sides agreed that Turcotte was suffering from mental illness -an adjustment disorder with symptoms of anxiety and depression

Crown Experts

-he was in control and responsible for the acts -suffering from an adjustment disorder? -->don't lose contact with reality, the ability to reflect of a sense of responsibility for actions -cited medical literature that estimated 15% of the population suffers from the condition at any time -> same as the common cold -agreed that Turcotte wanted to commit suicide, but said he killed the children before consuming the liquid (perhaps an hour before his arrest) --->was impossible to know with certainty when and how much methanol was ingested -*ALSO* he didn't kill himself, (he had a knife, many different ways to do it) and being intoxicated can not be used as a reason for no mens rea!

Discussion Notes:

-no psychopathy findings... the study utilized Dirty Dozen and had business students who may be higher in psychopathic traits -findings related to narcissism and Machiavellianism suggest that the participants role may play a large part in determining success -buyers and sellers start out differently -->sellers start out with all the value, buyers start out trying to acquire value -->may be partly why manipulation works for sellers and lacking selfishness works for buyers

Results: Gender

-women had higher psychosocial functioning than men -both men and women had extensive mental health histories -->women were more likely diagnosed with mood disorders and PD -->men were more likely diagnosed with schizophrenia spectrum disorder and SUDs (substance use disorder) Women -the nature of the index offence did not differ by gender, except women were more likely to have perpetrated murders and attempted murders -for offences against a person, women were more likely to offend against offspring and partners and less likely to offend against strangers compared to men! *Women has significantly less extensive criminal histories than men*

3 Dispositions following NCRMD finding:

1) Absolute discharge: low risk, not a threat to society -->no restrictions on their behaviour 2) Conditional discharge: less clear who this encompasses! -->must meet certain conditions (report to supervision, medication, etc) 3) Sent to Psychiatric Facility

Review Boards

1) the creation of provincial Review Boards, quasi-judicial entities that operate independently and have jurisdiction over accused individuals found NCRMD 2) These Review Boards must apply the principle that *decisions should be the least restrictive and least onerous as possible following a NCRMD verdict*

Verdict - January 15th

2nd degree murder - parole eligibility between 10-25 years. -The Crown recommended: serve at least 20 years in prison before being eligible to apply for parole, -Defence suggested: serve less than 15 years, and closer to 10. *NO chance of Parole for 17 years* -"hateful and horrible" -> Sentence should reflect society's indignation -Why not higher?: -> Exaggerated (Turcotte's character and no prior and not considered risk) -Why not Lower? -> The moral guilt of Turcotte......

Psychopathy

A personality disorder exemplified by high levels of callousness, grandiosity, manipulation, impulsivity, criminal versatility, and other antisocial and affective characteristics -within one year of release from prison, more than 4x more likely to recidivate than non psychopathic offenders -Cleckley 1941: at the heart of psychopathy lies a deficit not in their knowledge of right and wrong, but in emotional processing and behavioural control

Absolute Discharge

A sentence whereby the accused is discharged rather than convicted, even though the charge is proven, or the plea is guilty ->a sentence where, while the defendant is found guilty no conviction is needed and the offender is free to go but must meet certain expectations -->morally blameless?

Irresistible Impulse Provision

A test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant could not control his or her actions. -some states have modified the test with an "irresistible Impulse" provision -->absolves a defendant who can distinguish right and wrong but is nonetheless unable to stop himself from committing an act he knows to be wrong

Policeman at the Elbow Test

A volitional insanity test requiring that the defendant's impulse had to be so overwhelming that he or she would have committed the act even if a police officer stood beside the defendant at the time of the crime. -Would the defendant have committed the crime even if there was a policeman standing at his elbow?

Canada: Criminal Code 1992

A) All accused *are presumed not to suffer* from a mental illness -->"balance of probabilities" (either side) -->Onus (blame/burden) is on the part that raises... B) Section 16: "incapable of appreciating the nature and quality of the act or omission or *knowing that is was wrong*" Back to the idea of motivation: Legally or Morally or Both?

James Holmes

An American convicted on 24 counts of murder and 140 counts of attempted murder for the 2012 Aurora shooting that killed 12 people and injured 70 others at a Century movie theater in Aurora, Colorado, on July 20, 2012 -->He had no known criminal record prior to the shooting -->arested and jailed without bail -->entered a plea of NCRMD but was sentenced to 12 consecutive life sentences plus 3000+ years without parole "Shortly after midnight on July 20, 2012, he slipped into the premiere of "The Dark Knight Rises," stood before the capacity crowd of more than 400 people, threw gas canisters, and then opened fire with a shotgun, assault rifle and semi-automatic pistol" His planning, choice of time, location, weaponry and execution were meticulous. He made efforts, too, to give narrative form to his action. In a notebook sent to a psychiatrist before the attack, and later dissected at trial, he explained why he chose a cinema instead of an airport: to avoid assumptions of terrorism. "Terrorism isn't the message," he wrote. "The message is, there is no message." -->"someone believing themselves to be the Joker beholden only to Gotham's vigilante justice"

Defence: Turcotte, 40

Argued: 'Adjustment Disorder' -killed his children in a 'bout of depression' after splitting with his wife -drank window cleaner (before, after?) Found: NCRMD

1724 - Arnolds Case

Arnold was under the delusional belief that the person he had shot at, Lord Onslow, was responsible for the problems of the country and that he caused monsters to appear in his bedroom -very high bar for reliance on the insanity -defence: seemingly requiring a complete lack of reasoning capacity The court held that in order to make use of the insanity defence the accused must [pass wild beast test]

Results: Province

BC (10%) and Ontario (9%) were similar, whereas Quebec had almost twice the recidivism (22%) ->in quebec on average, 393 men and women were found NCRMD annually during our 5 year sampling period (just men?) ->ontario had an average of 144 findings annually (Adults) ->BC had an average of 62 findings annually (Adults and Youth)

Peter Whitmore -Long History Sex Offender

Been jailed several times for crimes involving children (before 2006, Whitmore had already been convicted for sexual offences against seven children: ->Whitmore served 16 months in custody after being convicted in Ontario in 1993 of abduction and sexual offences involving four boys. ->Just nine days after he was released, he took an eight-year-old girl from Guelph, Ont., to Toronto. He received a 56-month sentence. ->Weeks after his release in November 2000, Whitmore was found with a 13-year-old boy in a Toronto motel. His sentence for that offence was one year in jail. ->Found in Mexico with a notepad containing the names and ages of 13 children ->In 2002, Whitmore fled to British Columbia after he was accused of more parole violations in Ontario, including befriending a five-year-old boy. -->When he was arrested by police in B.C., he was carrying latex gloves, duct tape and pictures of young children. -->After that arrest, he was given a three-year sentence that included 12 months of psychiatric treatment at Kingston Penitentiary. ->Released in 2005 expected to follow certain conditions, living in chilliwack when order expired

Penney et. al 2013: Motivational Influences in Persons Found Not Criminally Responsible on Account of Mental Disorder: A Review of Legislation and Research

Behavioral Sciences and the Law -from the mid-1970s, the mental disorder provisions of the CCC were coming under increasing scrutiny -->critics pointed out that the treatment of the mentally disordered accused under the Code was not in compliance with the Canadian Charter of Rights and Freedoms (1982)

Review:

Big Study, Big Points (DT CMC NEGOTIATIONS) -->Higher the DT, lower on CMC If found NCR-MD how long in forensic hospital? Ideally until the individual gets better!! no matter what the crime Turcott: Battle of the Experts! -->both sides agreed he suffered MH adjustment disorder --->they argued about what contributed to it, and what that means as a defence M'Naughten ->1st test for insanity, 1843 ->presumption of sanity unless proven otherwise -->onus on defence to prove that at the time of committing act, accused didnt know what he was doing, and if he did, he didnt know it was *wrong*

Chris Summerville, CEO of the Schizophrenia Society of Canada

Bill C-24 makes prejudice and stigma toward people with mental illness worse *Violence rare (stigma)* -->Recidivism far lower than other offenders -->necessarily long time - triggers and aggravates patients? "Statistics suggest the Conservative government's proposed legislation to make it more difficult to release mentally-ill offenders from custody will have little effect on public safety" -Noting 3% of people with a mental illness come in conflict with the law, Summerville said 0.001% are found not criminally responsible. Furthermore, 93 to 97% of them find treatment that works and do not reoffend. Iam Hunter: -->victims are notified in advance of annual reviews and are already invited to attend or submit a victim impact statement for consideration by the panel. -->Moving to a three-year review process, he added, would "induce stasis into the forensic system" which is "already strained to the breaking point by inadequate forensic beds." It would result in "even more mentally ill people languishing untreated in jails," he said.

Aharoni, Sinnott-Armstrong, Kiehl 2012

Can Psychopathic Offenders Discern Moral Wrongs? A New Look at the Moral/Conventional Distinction -study evaluates the prominent view that psychopathic individuals cannot properly distinguish between moral wrongs and other types of wrongs --->examining extent to which 109 incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to non-incarcerated health controls --->total psychopathy score did not predict performance (better explained by sub-facets of psychopathy and other variables unrelated to psychopathy such as IQ

R. v Swain (1991)

Case concerned a constitutional challenge of the common law rule permitting the Crown to adduce evidence of an accused insanity, which allowed for the indeterminate detention of an accused who is found not guilty by reason of insanity ->both common law rule and Code provision were unconstitutional ->created a new common law rule and laws of what to do with individuals found NCRMD "In October 1983, Owen Swain was arrested for attacking his wife and children in a bizarre manner, and was charged with assault and aggravated assault. Later at the trial for the charges, Swain's wife testified that Swain was "fighting the air" and talking about spirits. Swain testified that at the time of the incident, he believed that his wife and children were being attacked by devils, and that he had to protect them. On November 1, 1983, Swain was transferred from jail to a mental health centre, where he was observed to be acting in a bizarre manner. He was prescribed with antipsychotic medications, and his condition improved rapidly. Swain was granted bail, released into the community, and continued to take his medication and see a psychiatrist. Swain remained out of custody until the conclusion of his trial." ->found NCRMD, ->required to be held in custody until the executive branch of the provincial government decided to release him 1992---> **insanity defence was replaced with being found NCRMD" --->the court is no linger required to automatically detain the person --->the court can enter their own disposition or refer the person to the independent Review Board for disposition ------>dispositions: detention in hospital, conditional discharge or absolute discharge "The new legislation requires that the least restrictive or onerous disposition be imposed, bearing in mind public safety, the mental condition of the accused, and the goal of reintegration into society. The role of the Lieutenant Governor in these decisions was abolished, and their decision-making duties were transferred to the Review Board"

"Wild Beast Test"

Could not have known what he was doing any more than an "infant, brute or wild beast" -> Aristotle -the accused must be totally deprived of his understanding and memory, and doth not known what he is doing no more than an infant, than a brute or wild beast -->such a one is never the object of punishment

November 2013: The Quebec Court of Appeal

Crown prosecutors successfully appealed the original verdict in November 2013 -->Country's highest court announced in early 2014 it wouldn't hear Turcotte's appeal of that decision. -ruled that legal errors were committed in the original trial -->the burden of proof was on the accused to show he was suffering from an incapacitation mental illness -- distinct from the intoxication symptoms -- and it was the jury's job to decide ---->**the judge did not remind jurors of that distinction**

Modern Day: Interpersonal

Cunning and Deceptive ->use lies and manipulation to achieve desired goals ->excel at impression management Pragmatic Morality: mankind is responsible for determining the best ethical system possible, which will be refined as new discoveries are made.

Tarloff: Insanity Defense in 08 Killing of Manhattan Therapist

David Tarloff, a man with schizophrenia who bludgeoned and stabbed (Kathryn Faughey and (wounded) Dr. Kent Shinbach) to death and during a botched robbery six years ago -->long history of delusions about communicating with god, robbery 'sanctioned by god', argued for NCRMD but was found guilty of murder and assault and robbery -->He told doctors who examined him that his plan to rob Dr. Shinbach — which spun out of control when Dr. Faughey confronted him first — had been sanctioned by the lord. Prosecutor argued his mental illness never grew so severe that he *could not distinguish right from wrong* --->Jurors said *he still knew the robbery and murder were immoral in society eyes and understood that he had committed a crime*

Matthew de Grood

De Grood, the son of a Calgary police office, fatally stabbed five young people at a house party in 2014. Court was told that he heard the voice of the devil telling him to kill and believed the end of the world was coming. Psychiatric experts testified he did not appreciate his actions were morally wrong. In 2016, the Alberta Review Board determined he should be kept in a secure psychiatric facility pending a review in another year.

Narcissism

Empathy deficit not to the same extent as psychopathy -grandiosity leads to arrogance and self-entitlement which leads to aggression and exploitation -low self-esteem and inferiority may also cause aggression -can be very vindictive ** Vulnerable vs. Grandiose

R. v. Chaulk 1990 "Skewed frame of reference"

Facts: Chaulk and Morrissette, aged 15 and 16 respectively, broke into an individual's house, plundered it of valuables and then stabbed and bludgeoned him to death. -Evidence was adduced at trial that the pair were (paranoid psychosis) psychotic and thought that they were going to rule the world - killing the victim did not matter as he was a "loser". -They knew that it was contrary to the law to kill people, but they thought that they were above the law. -They were convicted by a jury and an appeal was unanimously dismissed. Issue: ->should the meaning of the word "wrong?" be changed to legally wrong?" ->whether 16(3) of the Code provides an alternative defence if the conditions of 16(2) were not met ^ ->whether the trial judge erred in permitting the town to split its case by presenting its evident with respect to the sanity of the accused in rebuttal ***a trial judge must instruct the trier of fact that "appreciate that the act was wrong" means that because of the mental disorder, the accused could not understand or comprehend society's moral condemnation of the conduct

Vulnerable Narcissism

Feelings of insecurity, associated with depression and reactive aggression, more likely to seek treatment -fragile and Unstable self esteem

Considerations

Findings based on relatively truncated range of scores -->likely more pronounced findings in a forensic sample with very high levels of DT traits -Large Caveat: Perhaps High DT/psychopaths not sufficiently motivated with current paradigm to adapt to/utilize some of the unique features of CMC (only a study, no actual incentive)

Vincent Li 2008

Greyhound Bus killer, he stabbed Tim McLean and then ate parts of his body --->Li, 46, was found not criminally responsible for stabbing and beheading McLean, a young carnival worker, in July 2008. --->The two men were strangers when Li sat next to McLean on a bus ride to Winnipeg from Edmonton. Li's attack was unprovoked — he said he heard voices telling him to kill McLean. The bus stopped and horrified passengers fled as Li carved up McLean's body ->in 2014, granted unsupervised day passes from mental hospital -->The board granted Li all the new freedoms his psychiatric team had requested at a hearing earlier this week. Lead psychiatrist Dr. Steven Kremer said Li, a schizophrenic, has stopped experiencing delusions and is a model, non-violent patient.

Mens Rea

Guilt requires not only the commission of an illegal act, *but also a state of mind reflecting awareness of its implications* -R. v. Chaulk (1990) NCR-MD -> Vince Lee (greyhound bus, recently released, now known by another name)

Absolute Discharge - Vincent Li

He spent seven years afterwards being treated at the Selkirk Mental Health Centre in Manitoba, and was allowed to leave the facility last November -he spent the intervening months residing on his own at a winnipeg apartment while being treats at the Health Sciences Centre, one of the nations largest hospitals -->*was still subject to routine monitoring and restrictions prior to Fridays ruling"

2012: Roughly a year later...

He was released from his mental hospital Wednesday afternoon by a board of examiners. ->get continued psychological treatment, ->live at an approved location ->have no contact with ex-wife Isabelle Gaston. **the review board was told Turcotte shows no signs of mental illness, according to the team thats been treating him -->medication has stabilized? -->intensive therapy? NO -> he sees a psychologists once a week for an hour and the only medication he's taking is... for hair loss! -->Turcotte said he rubbed elbows with children several times during unescorted sojourns from the Pinel institute and said he might want to have more kids in the future...

Discussion CMC DT Negotiations

High DTs better when FtF compared to CMC ->the enhanced manipulation skills high DTs possess did not appear to be transferable to an online environment --->*Glibness and Superficial charm* -High DT may have poor coherence/other aspects of their language that result in a poorer performance online --->high MACHs display inflexibility in their communication with others

DT and Negotiation

High Dark Triad (DT) individuals will outperform low DT individuals when negotiating FtF (good at manipulating in person) -presence of nonverbal behaviour may serve as distractors -may come off as more confident/commanding -->*may be harder for these individuals to manipulate others in CMC because individuals who would not be forceful in a FtF negotiation may become more so during CMC

12/70

Holmes case highlights the lack of clarity and consistency in what "insanity" means within and outside the legal system ->the verdict says only that Holmes was not insane enough, or insane in such a way as to preclude guilt --->the state was burdened, and succeeded in proving that the killer was not legally insane while committing the July 2012 massacre BUT: Four mental health experts testified that the shooting wouldn't have happened if Holmes weren't severely mentally ill ----->increasingly palpable delusions that killing other would increase his own self-worth, forensic psychiatrist Jeffrey Metzner said -James Holmes gets life in prison after jury fails to agree on death penalty ------>The same jury rejected Holmes' insanity defense, finding him capable of understanding right from wrong when he carried out the attack. It also quickly determined the heinousness of Holmes' crimes outweighed his mental illness in a prior step that brought them closer to the death penalty.

CMC and Negotiation

Implications resulting from a lack of nonverbal behaviour? --> Unique aspects of communication in an online context that High DT will take advantage of? --> **Individuals adopt a more forceful negotiation approach in CMC (Giordano et al. 2007)

Levy (2007) and Blair (2008)

Instrumental act involves decision making... individuals with psychopathy may potentially merit diminished responsibility for their actions* (Occur in a state of diminished responsibility) -scholars have suggested that high-psychopathy individuals lack normative moral reasoning abilities (e.g., Levy, 2007). It has also been suggested that, for this reason, individuals with psychopathy may potentially merit diminished responsibility for their actions (Blair, 2008; Levy, 2007). -->Blair: it is precisely because psychopathic individuals lack a normal emotional appraisal of harmful acts that they fail to distinguish moral wrongs from conventional wrongs (MCT -> moral transgressions task) --> psychopathic participants, unlike controls, failed to make the proper normative distinctions between acts independently pre-rated as moral wrongs and conventional wrongs. Both moral and conventional acts were rated as equally permissible and equally authority-independent (Blair)

Tarloff: Jurors

Jurors said they were convinced that even though Mr. Tarloff at times had delusions about communicating with God, he still knew that the robbery and murder were immoral in society's eyes and understood that he had committed a crime. ->Dana Torres: "he's sick, but I feel like he know what he was doing,""for me, if he has said Satan told him to do this, it would have been a different story" ->Emma Pulitzer: the narrow rules governing the insanity defence left the jury little choice but to convict Mr. Tarloft --->*because even during psychotic periods he was obsessed with religion and morality* --->"I felt like there needed to be one more box, the box for obviously crazy people who know right from wrong" (felt he should be in a mental hospital) ->Ms. Brown: eventually decided that the defence had not offered strong evidence of Mr. Tariffs state of mind during the attack --->he seemed rational during a videotaped confession *to detectives a few days later*

Ancient Rome

Justinians codification of Roman Law -law held that insane were legally incompetent and therefore were designated as wards of their guardians or curators -without 'mastery of mind' Legal Treatise from 1581: Distinguish good from evil: ->"if a madman or a natural fool, or a lunatic in the time of his lunacy do [kill a man], this is no felonious act for they cannot be said to have any understanding will."

Elbogen and Johnson 2009

Large national Epidemiological Survey of the US population found that while mental illness is relevant to violence risk, the causal links are complex, indirect and embedded in a web of individual and situational co-factors -the study concluded that **severe mental illness on its own does not predict later violent acts** -->and a person with a severe mental illness when substance abuse is not present and without a history of violence has the same chances of being violent during the next three years as any other person in the general population

Canadian Charter of Rights & Freedoms

Liberty/caution -->as much liberty as is compatible with public safety R.v. Owen (2003) -> The SCC faced the issue of balancing individual rights and liberties with the possibility of future risk of harm or dangerousness to society. --->*The SCC recognized that while Review Boards are similar to courts and other judicial tribunals, it is required to make findings of fact regarding past events that have occurred* --->One of the Review Boards central and most complex task at hand relates to the **prediction regarding the future risk of harm or dangerousness** --->This decision seems to acknowledge just some of the difficulties that may be inherent when balancing individual liberty up against the interests of public safety. --->These twin goals of protecting the public and treating mentally ill offenders fairly was considered again in R v Owen, "It is of central importance to the constitutional validity of this statutory arrangement that the individual, who by definition did not at the time of the offence appreciate what he or she was doing, or that it was wrong, be confined only for reasons of public protection, not punishment" "In R v Swain, the Supreme Court of Canada recognized that due to the vast variation in individual circumstances, it is arbitrary to have an automatic rule that all NCR accused should either be released or detained indefinitely."

Dark Triad and Negotiation

Limited research on dark personalities and negotiations (nothing in CMC environment) -in a study that utilized a similar negotiation paradigm, it was found that psychopathic, but not Mach or Narc performed better face to face FtF -->Fry: suggests that there is something about the nonverbal component that contributed to the high Machiavellians success

Gaston Turcotte - NCRMD?

Turcottes children were stabbed a total of 46 times and found in their beds with wounds to their upper bodies ->Oliver (5 years old) was attack 27 times and Anne-Sopihe (3 years old) was attacked 19 ->autopsy results showed the boy tried to defend himself from another attack Couldn't Bare? 2009 -marriage to wife ended, in Feb (less than a month after) her infidelity with their personal trainer was exposed

Implications

Low DT may wish to conduct their negotiations/communications online, where they demonstrated an ability to outperform dark personalities despite their proclivity toward manipulation -->thin slices: after 5-10 seconds you can more easily tell that someone is a psychopath

Discussion Continued..

Low DTs better than high DTs when online ->possibly due to unique features of CMC (more time, anonymity) --->low DTs can build more confidence? ->lack of FtF contact with high DTs (or any participant) may inhibit some of the emotional arousal low DTs would otherwise experience To our knowledge, this is one of the first/only studies to demonstrate that individuals higher in dark traits are less successful during a negotiation than someone who possesses lower levels of these traits

Physical vs. Mental Illness

Mesopotamian culture attributed mental illnesses to demonic possession, with every specific disease state being attributed to its own demon, with over six thousand different demons being identified ->Insanity = Idta ->1754: Babylons King Hammurabi code of Laws Cure? -A babylonian tablet gives a prescription for the cure of madness: -->"take a bucket, fill it with water from the mouth of the river. impart to this the exalted magic power. sprinkle the man with it. may insanity be dispelled!"

Prichard

Moral Insanity 1835 : "madness consisting in a morbid perversion of the natural feelings, affections, inclinations, temper, habits, moral dispositions, and natural impulses, without any remarkable disorder or defect of the interest or knowing and reasoning faculties, and particularly without any insane illusion or hallucinations." -homicidal orgasm -> propensity to murder -psychopath England in mid 1800s -the average person would regard a visit to an insane asylum in much the same light as a visit to the Zoological Gardens

Results: Victims

Most (65%) of the underlying index offences involved acts against a person -->family members of the accused (often parents) were most common target, followed by police and mental health workers -->strangers were a relatively infrequent target ---->victims in 22.7% of those offences against a person -->3.2% of the index offences resulted in the death of the victim -->women accounted for 15.6% of the NCRMD population -->aboriginal heritage was identified in just 2.9% of cases *Victims of individuals found NCRMD accused of homicide or attempted murder =>more likely to be in close proximity to individuals living with mental illness such as family members or professionals and FAR less likely to be strangers*

M'Naghten Rule*

Must be clearly proved at the time of committing the act that the accused did not know what he was doing/didnt know it was wrong Wrong? ->if the accused was conscious that the act *was one that he ought not to do*, and if the act was at the same time *contrary to the law of the land*, he is punishable -->became the basis of the law governing legal responsibility in cases of insanity in England -embraced with almost no modification by Canadian and American courts and legislatures for more than 100 years, until the mid-20th century -MAJOR IMPACT STILL

Results: Frequency?

NCRMD cases represent less than 1% of adult criminal court cases processed annually for each of the ten reporting provinces and territories and this proportion remained relatively stable over the period studied -the median amount of time taken to complete adult NCRMD cases was 132 days, which is 17% longer than the 113 days taken for NCRMD criminal court cases

Magnotta Personality Disorder

NPD/Borderline/histronic and Sexual sadist? -The 12 jurors approached the court Tuesday afternoon for the first time since they were sequestered more than 40 hours earlier, --->**asking whether a personality disorder is considered "a disease of the mind as a matter of law."** Judge said: *YES* -> Still have to prove that at the time of the crime -after 8 nights: found guilty of all 5 counts --->"No one could attest to the accused's state of mind at the time of the crime except him," he said. "Without taking the stand, the jury had little to consider on the matter."

Nonverbal Behaviour

NVB as distractors and confidence ->psychopaths speak faster and make more head movements when lying compared to non-psychopaths ->*Klaver* et. al. 2007: evidence that it is the NVB that results in their successful lying, not their language --->not what they say but how they say it! ----->limited research in the area, we know some about how they negotiate FtF but CMC is not known (been explored a bit for DT but not with psychopaths online!)

Ackerman et al., 2011; Menon & Sharland, 2011

Narcissism can lead to various interpersonal problems, characterized by enhanced feelings of grandiosity and entitlement -->High narcissism scores were related to lower generosity, especially when this could result in being punished. This maladaptive behavior was fully mediated by reduced perspective-taking abilities in narcissism. -->Also, narcissism scores predicted higher levels of punishment behavior, driven by higher levels of experienced anger. Hence, the difficulties narcissists face in interactions may be due to their reduced perspective-taking skills and resulting reduced generosity as well as enhanced anger-based retaliation behavior.

CMC Negotiation Procedure

Negotiation: centered on the purchase of a pari of concert tickets -One participant randomly assigned as the buyer, the other as the seller -20 minutes to negotiate -Researcher leaves the room while they negotiate and gives them 5 minute and 1 minute warnings -After the negotiation, participants fill out individual difference measures --->SRP-4 (Psychopathy), NPI (Narcissism), MACH-IV (Machiavellianism) --->composite DT score computed by creating an average from z scores of the 3 components ->CMC Condition: Participants arrive at separate buildings, no FtF contact -->Negotiation takes place over an instant messaging program **some negotiation tactics: playing on sympathy

Will Baker

New alias: Man who beheaded Greyhound bus passenger wins right to live on his own — with daily monitoring -several conditions: --->daily monitoring --->regular check ins with mental health professionals --->random drug tests -Criminal Code Review Board heading Feb. 6 -> ask for absolute discharge (almost 8 years after crime)

"Irresistible Impulse"

One of the major criticism of the M'Naghten rule is that, in its focus on the cognitive ability to know right from wrong, it fails to take into consideration the issue of control -it is possible to understand that ones behaviour is wrong, but still be unable to stop oneself

Bill C-14 (Now Bill C-54)

Passes and proclaimed, the new rules came into effect on July 11, 2014 -namely, the explicit recognition that public safety is the paramount consideration in the decision-making process related to accused people found NCRMD "A not criminally responsible (NCR) designation is given by the Courts to individuals who have committed a crime but were suffering from mental illness at the time of the offence. The person deemed NCR is placed under the responsibility of a provincial or territorial review board, consisting of a minimum of two psychiatrists, doctors trained in mental health, or psychologists. The board must review these cases annually or in some circumstances every 24 months." "Bill C-54 will change Section 672.54 to place greater emphasis on public safety when making decisions about people found to be NCR or unfit to stand trial." "Corresponding changes will also be made to the National Defense Act and will apply to the mentally ill in the military justice system. Section 672.54 will also contain provisions for Courts to classify some NCR accused individuals into a new category, termed "high-risk accused". The designation will be based on the nature of the offence and the likelihood of reoffense, among other factors. High-risk accused will be ineligible for conditional or absolute discharge and will not receive unescorted passes to the community, and severe limitations will be placed on accused individuals with escorted passes. Such a disposition will be reviewed only every three years."

Results: Crocker et. al 2015

Rates of NCRM findings overall increasing -->still small, provincial differences -no difference in prior mental health histories -->51% of this sample had no prior criminal convictions before the incident giving rise to the finding of NCRMD -->72% had at lest 1 prior mental health hospitalization Most common primary diagnosis was a *Psychotic Spectrum Disorder*, with *one third* of the sample having co-occurring substance abuse problem

Results: Recidivism

Re-conviction rate of 16.7% during a 3-year follow-up period, with the time frame starting at the date of the NCRMD verdict -during the entire follow-up period, ranging up to 8 years in some cases -->total of 13 cases of severe violent re-offence were identified from the 1800-patient sample (0.7%) -people whose verdict of NCRMD stemmed from a serious, violent offence actually had the lowest 3-year recidivism rate - for any type of re-offence - (6.0%) of all groups *The primary diagnosis was not found to significantly influence risk of re-offending* -Relevant factors that enhanced risk: ---->susbtance abuse ---->the presence of a co-occuring personality disorder (seen in 10% of the sample) ---->prior conviction or finding of NCRMD

Forensic Community Programs: Recommendations for the Management of NCRMD Patients in the Community (Woodworth et. al)

Recent trends towards community support and rehabilita- tion for individuals found Not Criminally Responsible due to a Mental Disorder (NCRMD) has led to the development of forensic community programs (FCP) ->The professionals involved with this FCP were interested in im- proving the overall functioning (in terms of client management and treat- ment, and risk reduction) of the program. The current article will discuss the eight main considerations and recommendations that were provided by the authors after an extensive review of the literature as well as a con- sideration of the current structure of the Nova Scotia FCP. These recom- mendations are generalizable to most community treatment programs available for NCRMD individuals Community programs like the FCP have been designed to provide NCRMD patients with an increased potential to function in the community outside of a hospital setting, while still monitoring their symptomatology and their level of risk. We would suggest that community programs develop a report or as- sessment template that includes: a. A current psychological assessment (based on a PCL-R interview guidelines and file review). b. Actuarial assessment tools including the PCL-R, HCR-20, and the VRAG. c. Adocumentoutliningtheclinicaljudgmentoftheclient'slevelof risk written by the main professionals who have been involved in the care of the patient d. A list of reasons (based on the above 3 suggestions) why the of- fender should be accepted into the program.

R.V Chaulk**** ask

Suffering from mental illness AND at the time of the offence were incapable of differentiating right from wrong ---->proven at the time of the offence! ->Problem? ---->where you draw the line (assessment done retrospectively, months or years after fact) -->in practice, this means that psychopathology and its related effects on thinking and behaviour must be assessed retrospectively, often months and in some cases years after the offence is alleged to have occurred

Giordano et al. 2007 CMC Negotiation

The Influences of Deception and Computer-Mediation on Dyadic Negotiations - the differences between computer- mediated and face-to-face negotiations and between negotiators being deceptive about hidden agendas and negotiators without hidden agendas. -->CMC: more likely to use forcing negotiating, experience more tension, have lower deception detection than FtF (more satisfied with negotiation process) --->results: higher levels of tension from computer-mediated negotiations and from deception can affect the long-term effectiveness of employees, undetected deception in computer-mediated nego- tiations can have a negative impact on negotiations, and computer-mediation can lead to the use of a forcing negotiation style, which may improve the effectiveness of negotiators with individualistic goals.

Jeff Latimer 2006

The Review Board Systems in Canada: An Overview of Results from the Mentally Disordered Accused Data Collection Study -->Department of Justice Canada "Mental disorder, within the Canadian criminal justice system, is defined in the Criminal Code as a disease of the mind.1 An individual charged with a criminal offence who has been found to suffer from a mental disorder by a mental health professional, however, is not necessarily exempt from criminal responsibility. Such a determination is based upon a strict legal test administered by a judge. Many accused who suffer from a mental disorder are therefore tried and convicted within the criminal justice system. Although it may avoid a criminal conviction, it can also lead to indeterminate involvement with the system responsible for managing mentally disordered accused. Thus, only a small group of accused actually raise the issue of mental illness and/or meet the legal threshold in Canada. These accused can be found not criminally responsible on account of mental disorder (NCRMD) or they can be found unfit to stand trial (UST).

SCC 1999

The Supreme Court of Canada ruled in 1999 that a review board must order an absolute discharge if a person doesn't pose a significant threat to public safety. The ruling added there must be clear evidence of a significant risk to the public for the review board to continue imposing conditions after a person is found not criminally responsible. ---> The emphasis must be on the individual's treatment and potential risk to the community, not on punishment.

Bill C-54

The bill creates a high-risk designation for a few violent offenders that would prevent them from entering the general community unescorted ->*notify victims when they have been released* ->**reduce annual review board hearings to once every 3 years** --->some would potentially stay in for MUCH longer time period Harper used Vincent Li and Schoenborn (murdered his 3 children) as examples when talking about this bill -->Harper - using Schoenborn as pawn/strong feelings about it/political...

Machiavellianism - Niccolo Machievelli

The famed writings of Niccolo Machiavelli advocated for manipulative, amoral, and deceptive behaviour in achieving power in politics and society (in The Prince) -->difficulty identifying the emotions of others --> also have an empathy deficit -->linked to bullying and aggression -"I love my country more than my own soul" --->evil deeds cease to be evil if urgent public interest makes them necessary

M'Naghten Case

The first famous legal test for insanity came in 1843 -Englishman Daniel M'Naghten shot and killed the secretary of the British Prime Minister, believing that the Prime Minister was conspiring against him, used the insanity defines at trial -->told the police he came to London to murder the PR because he was told to do so -Jury reached a verdict of not guilty and a meeting at the House of Lords ensued in order to determine what the standards for the insanity defence would be -9 witnesses testified to his obsession with delusions and that he suffered from acute insanity (lack of understanding) **court acquitted "by reason of insanity" and he was placed in a mental institution for the rest of his life ****Case caused a public uproar and Queen Victoria ordered the court to develop a stricter test for insanity***

R.v Owen (2003)

The respondent was found to be not criminally responsible ("NCR") on account of mental disorder for the offence of second degree murder committed in 1978 in a psychotic state induced by drug abuse. Following a period of detention in various institutions for mental health care, he was gradually released into the community until 1987 when he was convicted of possession of a prohibited weapon, break and enter with intent to commit an indictable offence and possession of property obtained by crime. After the completion of his sentence, the respondent was returned to custodial care, where other incidents involving violence occurred. Efforts were again made to release the respondent gradually into the community, but the problems with substance abuse re-occurred, and he continued to show some propensity towards violence. Review Board dispositions in 1994, 1995 and 1996 provided for conditional discharges but in 1997, when the respondent's urine tested positive for cannabis, the psychiatric hospital told the Board that it could no longer support a conditional discharge order because of the respondent's continued substance abuse and the hospital's need for flexibility "to react quickly to known increases in risk". -->the boards finding the respondents dangerous unreasonable (if the accused no longer suffers a mental disorder, it should not be confused with his/her propensity to commit crimes) -->custodial disposition wasn't the least onerous disposition available in that is accorded the respondent as much liberty as is compatible with public safety

Mental Health Commission/Justice Canada 2013

Type of offence % of total NCR Population (weighted) - only 8%! ->homicide: 2.6% ->attempted murder: 3.3% ->sexual offence: 2.1% --->only 4 humans where they didn't know the accused! -More than 50% (half) of the people discharged by Review Boards, either conditionally or absolutely, did not get re-hospitalized nor had encounters with the judicial system after a three year observation period -->those who did need help were more likely to end up back in the health system than in the judicial system

Canadian Journal of Psychiatry* (STUDY PAPER)

Valuable, ongoing study (March 2015) *National Trajectory Project Addresses Many Myths About the Verdict of Not Criminally Responsible on Account of Mental Disorder* -Crocker, A.G., Nicholls, T.L., Seto, M.C., & Cote, G. (2015) -1800 files 2000-2005 --->Quebec, Ontario, British Columbia ------->Quebec (n = 1094), British Columbia (n = 222), and Ontario (n = 484). ------->Follow up to 2008 (at least 3 year)

Participant Role Effect

When FtF, buyers perform significantly better than sellers **When CMC, sellers perform significantly better than buyers**

Magnotta

killed Lin and dismembered the corpse, filmed much of the gruesome episode and posted an edited version of the tapes online, and mailed some body parts to Ottawa and Vancouver in parcels with menacing notes. ->Throughout the trial, defence lawyer Luc Leclair sought to convince the jury Magnotta was in a state of psychosis, the result of severe mental illness, when he killed and dismembered 33-year-old Lin in May 2012. --->Several defence psychiatrists testified Magnotta was schizophrenic and was in a state of psychosis when he killed Lin ->The prosecution have said Magnotta had a personality disorder and had the capacity to know the difference between right and wrong on that fateful night in Montreal Judge Cournoyer's final instructions to the jury last Monday: -->he told the jurors to use their "collective common sense" to decide how much or how little weight to apply to the testimony of each witness — 66 of which were heard throughout 40 days of presenting evidence. ---->"Is it more likely than not Mr. Magnotta was suffering a mental disorder at the time of the acts?" Quebec Superior Court Justice Guy Cournoyer said Monday, highlighting the first, and most weighty, question the jury has to answer.