Forensics Final PSYO 356
What will this give Greece?
Disability pay up to 35% compared to 80% for heart transplant recipients.
What did Shiffer et al find?
No difference in the relative GM volume of the brain specifically associated with pedophilia.
Does the DMS V agree with Quinsey?
No, for political and legal reasons (that are versus the medical reasons). Empirical data does not support this - should not be labelled a legitimate disorder.
What is a signature?
"Emotional fulfillment". It is a unique, personal aspects of the crime, fantasy, posing, same specific order of sexual activity.
How many have needed to call police or security?
1 in 4 has summoned the police or security personnel for protection from a client. (think institutions, not private practice)
What are the stats for becoming a victim of sexual assault?
1 in 4 will be a victim of sexual assault over a lifetime.
What are the stats for getting attacked?
1 in 5 psychs reported having been physically attacked by at least one client. (INSTITUTIONS PROBABLY MORE THAN PRIVATE PRACTICE)
What did the defence argue of Caille?
There was no logical or rational reason why Mr. Caillé acted the way he did towards those individuals that day.
How many stay for at least 10 years?
Almost one quarter of NCRMD cases are spending at least ten years in the review board systems and some have been in for significantly longer.
What was Seto's response?
"For some, access to artificial child porn or child sex dolls could be a safer outlet for their sexual urges, reducing the likelihood that they would seek out child porn or sex with real children. But for others, this might aggravate the problem."
What is modus operandi?
"Standard procedure". What an offender has to do to accomplish a crime, learned, modified and perfected (or sloppy).
What is profiling?
"An educated attempt to provide specific info about a certain type of suspect". Also, the recording and analysis of a person's psychological and behavioral characteristics, so as to assess or predict their capabilities in a certain sphere or to assist in identifying a particular subgroup of people.
What did the Code of Hammurabi say to do with a mentally ill person?
"If a person is mad, 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!"
What was the most weighted question about Magnotta?
"Is it more likely than not Mr Magnotta was suffering of a mental disorder at the time of the incident?"
What was Chris Summerville, CEO of the Schizophrenia Society of Canada reply?
"James Bezan is misinformed, in denial of any [not criminally responsible] person's therapeutic progress as a patient and denies the science of the futility of a 'high risk' designation. As a 'Trump type' he is just a fear-mongering politician."
What did the jury rule for Holmes?
"MENTALLY DISTURBED BUT STILL GUILTY"
What did the judge say about Caille?
"The court cannot ignore the context and place where the offence of aggravated assault took place. Were it not in the context of a mental-health facility, a three-year sentence or more would be a fit sentence for this unprovoked attack, however, not in Mr. Nield's case. I cannot lose sight of where and why Mr. Nield was in the PRH psychiatric unit"
What was Takagi's reaction to the outrage?
"We should accept that there is no way to change someone's fetish. I am helping people express their desires, legally and ethically. It's not worth living if you have to live with repressed desire."
How do the lawyers feel about the length of the potential sentence?
"grossly disproportionate" to what would be appropriate in this case.
Why don't they leave?
- Male promised to change (71%) - Lack of money (46%) - Mate needed me (36%) - Nowhere to go (29%) - Threats of mate to kill or find (22%) - Children wanted to go back (19%)
What did Seto's study look at?
Compared rates of sexual and other forms of abuse reported in 17 studies, involving 1,037 sex offenders and 1,762 non-sex offenders.
What are some important stats to know?
1) 7% of women and 6% of men who were in a current or previous marital or common-law relationship, experienced some form of violence in the last 5 years. 2) Less than 28% of victims report the violence and 61% had experienced more than one violent incident. 3) Aboriginal people are 3x more likely to be victims of spousal violence. 21% of aboriginal people, 24% of women and 18% of men had suffered spousal violence. Aboriginal women suffer from 30-40 assaults before calling the police. 4) 2.3 million Canadians had been stalked in the last 5 years. 17% were stalked by current or former intimate partners.
What are the guidelines for Coercive Paraphilic Disorders?
1) At least 6 months of recurrent, intense sexually arousing fantasies or sexual urges focused on sexual coercion. 2) Person is distressed or impaired by these attractions and sought sexual stimulation from forcing sex on 3 or more non-consenting persons. 3) Not made if sexual sadism.
What are the two factors that should be considered in cases where the mental disorder defence is used?
1) If a normal person taking the same drugs would not react in the same way. 2) If the accused poses a continuing danger to the public once the effects of the drugs have worn off
What are some types of therapies being used?
1) Olfactory aversion technique (using rotting meat and ammonia salts). 2) The therapist and patient collaborate in creating a list of aversive images uniquely meaningful to the patient that will be applied in the treatment. Standard aversive images include vomiting, snakes, spiders, vermin, ect. 3) Masturbatory reconditioning, directed 4) Verbal satiation 5) SSRIs or chemical/physical castration
What assumptions must be met for profiling?
1) Personality and traits won't change 2) Signature won't change
What are the 3 main types of profiling?
1) Profiling historic and political figures 2) Profiling criminals common characteristics 3) Profiling criminals from crime scene characteristics
What are the 3 goals of profiling?
1) Provide the Criminal justice system with a social and psychological assessment of the offender - race, age, employment, religion, marital status... 2) Provide the criminal justice system with a psychological evaluation of belongings found in the possession of the offender. 3) Provide interviewing suggestions and strategies - suggest personality appropriate interviewing techniques
When is self-defence allowed?
1) Reasonable apprehension of death or serious bodily injury, 2) Equal/least amount be used to repel the threat
What are the 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 supervisor, medication etc). 3. Sent to psychiatric facility
Why would a human being commit crimes like Whitmore did?
1. He was abused himself 2. As a means of having power and children are easy 3. Sadistic personality 4. Mentally ill
What are 4 factors of Police Stress?
1. Organizational (paperwork, incompetent training), 2. Occupational (shift work, human suffering), 3. Criminal justice (perceived ineffectiveness of courts and corrections) 4. Public
What are 4 things that should be considered?
1. Public safety 2. Mental state of the defendant/patient 3. Reintegration of the defendant/patient into society 4. Other needs of the defendant/patient
What are the three functions of 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 3. The establishment of annual reviews of the dispositions of NCRMD individuals
What percentage of boys and girls have been sexually assaulted?
13% of boys and 30-40% of girls.
What is the median amount of time taken to complete adult NCRMD cases?
132 days, which is 17% longer than the 113 days taken for non-NCRMD criminal court cases.
What was found about recidivism?
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 reoffence were identified from the 1800-patient sample. People whose verdict of NCRMD stemmed from a serious, violence offence actually had the lower 3-year recidivism rate - for any type of reoffence - (6%) of all groups
What was the first famous legal case to pertain to NCRMD?
1843 - M'Naghten Case. Englishman Daniel M'Naghten shot and killed the secretary of the British Prime Minister, believing that the Prime Minister was conspiring against him.
What percentage of predators joked about talking to a cop?
27% of the guys who were caught made jokes said that "sometimes cops pose as kids, you better not be one hahaha"
Which percentage of psychiatrists have a weapon?
3% obtained a weapon to protect themselves against a client.
What was the verdict of Caille?
30 months probation. And an emphasis on the need for the justice system to handle the mentally ill with special care. The crown had sought 4 years
What percentage of the VPD has PTSD?
30%
What percentage of calls to the police does intimate partner violence make up?
50%
What were the stats of the NTP?
51% of this large sample had no prior criminal convictions before the incident giving rise to the findings of NCRMD. 72% had at least 1 prior mental health hospitalization. 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
What do most Americans think causes mass shootings?
63 percent of Americans blamed deficient mental health care rather than deficient gun regulations for these shootings.
Is there a cycle of abuse?
67% of female sex offenders reported being the victim of either sexual or physical abuse. The studies are very conflicting though.
What percent returned?
70%
What are some Canadian stats about sexual assault?
80% of sexual assault incidents occur in the home. 57% of aboriginal women have been sexually abused. 60% Canadian college-aged males admitted they would commit sexual assault if they knew they wouldn't get caught. According to stats Canada only 6% of rapes get reported. 31% of sexual assaults occur in dating and acquaintance relationships.
How many of you have at least one vivid fantasy of committing a murder? How many for Woodworth's study?
91% of men 84% of women 52% of men 31% of women
What percentage of predators used flattery?
93% of predators used flattery such as "you are so beautiful, smart"
What were the opinions of the expert witnesses?
A forensic psychiatrist says the sex doll at the centre of a trial in Newfoundland had some "breast budding," but is still "child-like." Dr. Peter Collins said under cross-examination in provincial court today that the height of the doll — 120 cm or around four feet — depicts a child
What did the jury find Magnotta?
A jury found Luka Magnotta guilty of five charges on Tuesday, including the first-degree murder of Jun Lin. Since he hadn't taken the stand to talk about the time of the murder, they didn't have much to go on.
Why can't taking drugs be considered disease of the mind?
A malfunctioning of the mind that results exclusively from self-induced intoxication cannot be considered a disease of the mind in the legal sense, since it is not a product of the individual's inherent psychological makeup
What did Bill C-30 provide?
A mentally disordered accused with significantly greater due process protections and introduced substantial procedural changes to the nature of dispositions made available to those found NCRMD. 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
What was the most common primary diagnosis?
A psychotic spectrum disorder, with one third of the sample having a co-occurring substance abuse problem.
What does it say in the criminal code?
A) all accused are presumed not to suffer from a mental illness (defacto assumption). The suggestion that a person is not mentally well can be brought up by either side (usually the defence) and it has to be decided on a balance of probabilities. (beyond reasonable doubt) The onus is on the party that raises the question B) section 16: incapable of appreciating the nature and quality of the act or omission or knowing that it was wrong.
What was the problem with Harrison?
According to Newfoundland police, the box contains "a prepubescent female doll, made of a foam-like consistency, that stands at 130 cm, approximately four-foot-two. It comes with clothes and other optional accessories. Some of those accessories could be and can be used for sexual gratification purposes."
What were the results of the Journal article (Sadists)?
According to the results, sexual sadists did not differ from non-sadistic sexual offenders with regard to emotional empathy for either positive or negative stimuli
What was fond in terms of weapons?
Across all previous sexual offences, if they reported engaging in violent sexual fantasies - 82% has used a weapon in at least one and in child fantasies, 10% has used a weapon.
What was argued that Turcotte was suffering from?
Adjustment disorder, and that he killed his children in a bout of depression.
What did Turcotte do?
After he split from his wife he found out that she was cheating on him with their personal trainer. He killed his children, stabbing them 46 times as they defended themselves during his ex-wife's ski trip. After the murders he cancelled a meeting with his real estate agent, let the babysitter know she wouldn't be needed, called his mom and then hid under his bed. Either before or after the murders he drank a bottle of cleaner, the equivalent of about 6 beers.
What is the age of consent today and what did it used to be?
Age of consent USED to be 14 and now is 16.
What is an adjustment disorder?
An adjustment disorder is not enough to lose contact from reality, the ability to reflect or a sense of responsibility for actions. 15% of population suffers from it at one time, like the common cold. They are stress-related, short-term, non-psychotic disturbances. It is vulnerability in personality during stressful situations.
What did Cormier and Woodworth find?
Analyses support the prediction that both students and RCMP ratings of abuse severity and seriousness would be highest in the scenarios featuring male perps and female victims.
What is domestic violence?
Any violence occurring between family members.
What did the defence argue in Tarloff?
Argued that their client had a long history of delusions about communicating directly with god. He told the doctors who examined him that his plan to rob Dr. Shinbach - which spun out of control when Dr. Faughey confronted him first - has been sanctioned by the lord.
When can a 14 or 15 year old consent to sexual activity?
As long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity will be considered a criminal offence unless it occurs after they are married to each other.
What was the conclusion of Caille?
Based on expert reports, witness evidence, and details in an agreed statement of facts, both parties are in agreement that he his NCRMD. The young man had latent schizophrenia, and that drug use triggered changes to his behaviour.
Who is Vince Li and what did he do?
Beheaded and cannibalized greyhound rider. He changed his name to Will Baker
What is found about both men and women?
Both men and women had extensive mental histories.
What was Lebrun's conviction?
Bouchard-Lebrun initially was convicted of assault and aggravated assault, even though he argued he was high to the point of psychosis and therefore was unaware of the consequences of his actions.
What are playground troubles about?
Building lots of playgrounds to keep pedophiles away created an effect where it raised the risk of reoffending because now they had resources taken away. More playgrounds = more reoffending.
What is the Caillé Case?
Caillé attacked and killed the man he was living with, also attacked his girlfriend and her mother. Witnesses had reported seeing a man attacking a woman on the street outside the residence - smashing her head on the pavement - before a young woman with her dog yelled at the man and attempted to intervene. The passerby was threatened and allegedly had a knife thrown at her. The attacker went inside the house where Ridout resided and was throwing knives and other objects off the balcony.
What was Cantor's opinion?
Cantor emphasizes that pedophilia is a mental disorder, not a crime. Only acting upon those urges constitutes criminal activity. While possession of a sexual photograph depicting a child would constitute a crime, that is because photographing the child likely caused them harm. He does not believe that the dummy constitutes child pornography.
What happened as a result of M'Naghten's verdict?
Case caused a public uproar and Queen Victoria ordered the court to develop a stricter test for insanity
What helps keep suicide rates down?
Community involvement, resources and proactive behaviours and attitudes
What was M'Naghten's verdict?
Court acquitted "by reason of insanity," and he was placed in a mental institution for the rest of his life.
Why were the mental disorder provisions of the CCC were coming under increasing scrutiny?
Critics pointed out that the treatment of mentally disordered accused under the Code was not in compliance with the Canadian Charter of Rights and Freedoms (R vs Swain)
What is the Tarloff case?
David Tarloff was a schizophrenic man who bludgeoned and stabbed a psychologist to death during a botched robbery. He thought that the psych would have a lot of money (and diapers?) in his safe, wanted money for his mother and to go to a tropical place. He was very unwell at the time of the incident and he knew the psychologist. He had been there seeking psychological help.
What did Hutchinson argue?
Deceiving is partner about the condoms did not invalidate her consent to have sex with him.
Is this defence used often?
Defence is used way less, relative to number of offenders who actually have mental illness
What were the the results are discussed in terms of?
Developmental changes in sex drive, self control, and opportunities to offend.
What was the Legal treatise of 1581?
Distinguished good and 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."
What are courtship disorders and what are some examples?
Distorted components of human courtship behaviour. Voyeuristic, exhibitionism, frotteurism.
What is geographic profiling?
Empirical, mental map of the crime-relevant areas where the offender may feel comfortable or possibly reside.
Does the author of the article believe that mental health professionals could help? Why or why not?
Even if all these killers had been seen by mental health professionals, it is still highly unlikely their crimes would have been prevented. As a general matter it is very difficult, if not impossible, to predict who is likely to turn violent. Most mass killers are gun-owning, angry, white, paranoid males, but it is also a fact that nearly all men with these same characteristics will never commit a crime.
What did Predation study do?
Examined if 5 stages/language is equivalent in CMC context.
What did Shiffer et al find out about non-offending pedophiles?
Exhibited larger volumes in the right temporal pole than offending pedophiles
What did Tucotte's ex-wife push for?
Experts should be selected by the courts. "Ensure medical experts are objective and more accountable for their testimony, when someone takes the stand in court and testifies that an adjustment disorder can justify the murder of children, I have serious questions."
What did Hanson's study contrast with?
Extrafamilial child molesters showed relatively little reduction in recidivism risk until the age of 50.
What did the FBI find in the columbine massacre?
Five years after the massacre, a report by the FBI concluded that Harris had been the primary mastermind and was a clinical psychopath. Dylan was a depressive and that each boy had played into the other's damaged emotions, pushing each other into a spiral of violence.
What did the NTP find?
Found that rates of NCRMD findings overall are increasing a little bit - still small, provincial differences No difference in prior mental health histories.
What are the grooming strategies?
Friendship, relationship, risk assessment, exclusivity and trust
What did Craig Hutchinson do?
He sabotaged the condoms his partner insisted he wear in a bid to impregnate her and this encourage her to stay with him.
Why might have Caille acted this way?
Girlfriend said she and Caillé did ecstasy about a week before the attack and he changed. She said that she knew it wasn't him, he changed so much so quickly
What was found out after Turcotte was released?
He saw a psych only once a week and the only medication he was taking was for hair loss.
What were Shiffer et al looking at?
Gray matter anomalies in pedophiles with and without a history of child sexual offending.
What did being there do to Caille?
He since regained his mental health and demonstrated "no deterioration in his mood or emergence of psychiatric symptoms" making him a low risk to reoffend.
What is 'Mens rea'?
Guilt requires not only the commission of an illegal act but also a state of mind reflecting awareness of its implications
What was Collins' opinion?
Harrison likely has an erotic attraction to prepubescent children. Pedophiles who are at-risk-offenders "can become incited by the imagery, satiated by the imagery or act out when they are experiencing stress in their life. For this reason, "the possession of a sex doll is just another form depicting a child for a sexual purpose and therefore would meet the criteria of child pornography."
What happened when Whitmore was released?
He abducted a 10 and 14 year old.
What sentence was Whitmore given when he was caught again?
He accepted a controversial plea bargain that could see him paroled in as few as six years and 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.
How did Caille's lawyer feel about this?
He argued at trial that his client was justified in resorting to violence to escape what he believed was false imprisonment and said he accepted the sentence — sort of. He thinks that since he's been on good behaviour and house arrest for the last two years, that should have counted for something. He has launched an appeal
What did 2 psychologists say about Holmes?
He did lack the mental capacity to tell right from wrong and 2 more said he had severe mental illness and schizophrenia (but not necessarily at the time of the rampage).
What did he say about himself?
He fantasized everyday about sex with children and he said he was 100% sure that he would reoffend unless he had minimum surveillance on him of 24hrs a day.
What was the final verdict of Turcotte?
He got 2nd degree murder - parole eligibility between 10-25 years. The crown recommended he serve at least 20 years in prison before being eligible to apply for parole. Defence suggested he serve less than 15 years and closer to 10. No chance of parole for 17 years.
What is Whitmore's history?
He had been jailed several times for crimes involving 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. He was then found in Mexico with a notepad containing the names and ages of 13 children
What did Turcotte tell the jury?
He had been reading the emails between his wife and her lover and made a decision he wanted to commit suicide. He testified in his own defense, 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. Turcotte had also warned his ex-wife in a telephone convo on the day the children were killed that if she wanted a war, she would get one.
What is the Bouchard-Lebrun case?
He ingested a toxic mix of marijuana, amphetamines and ecstasy pills and along with a friend, on Oct. 23, 2005, Bouchard-Lebrun broke into a building in Mont-Joli, Que.,to attack one of the residents. One of the building's residents tried to stop the assault, but they grabbed the neighbour, pushed him down some stairs, then went after the neighbour and stomped on his head several times.
Who is Jeffrey Lieberman and what did he say?
He is another psychologist who read the article and said that he respectfully disagreed with his colleague's article. He said that if we view mass violence as a possible, albeit rare, consequence of mental illness, as are suicide and addiction, it follows that more accessible, effective mental health care services, and policies that facilitate treatment of people — even if necessary over their objection — would reduce the possibilities of such tragedies occurring. He believes that psych's CAN play an important role in enacting and carrying out such policies.
Who is Wayne LaPierre and what did he say?
He is the executive vice president of the NRA. After a different relatively recent mass shooting as a school, he announced at a press conference that the problem of violence was largely due to people with mental illness.
What question does the Holmes' case bring up?
He obviously was having a psychotic break, it brings up the questions of whether a mentally ill person should be held legally and morally culpable for an act of unspeakable violence.
What did Turcotte tell a nurse?
He told a nurse that he did not want treatment, he wanted to kill the children to spite his wife, and he wanted to make her angry and to do that he would take away what was most precious to her.
What is Conservative MP James Bezan view of Will's release?
He 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 not NOT ACCURATE, nothing suggests he is high risk. He said he was "very concerned about the victim's family who has yet to see justice served, and I express my condolences to the family for this callous request. In my opinion, this request poses a great risk to public safety."
Who was M'Naghten?
He was a Scottish woodcutter and 9 people testified that he was pretty weird
Who was Neild and why was he there?
He was a former massage therapist, and had been involuntarily committed to the psych ward a week earlier because he was displaying symptoms of psychosis resulting in part from his attempt to treat debilitating migrant headaches with magic mushrooms
What was the mistake that happened with Whitmore?
He was given Section 810.1 order - preventative justice in a justice system that usually requires a person to commit an offence before his liberties are restricted. This court order ran out and somebody didn't do the paperwork and he was released. And he was never declared a dangerous offender.
What ended up happening to Vince Li/ Will Baker?
He was given an absolute discharge. He spent 7 years at mental health center and was allowed to leave the facility November 2015. He spent the intervening months residing on his own at a Winnipeg apartment while being treated at the health Sciences center, one of the nation's largest hospitals - was still subject to routine monitoring and restrictions prior to Friday's ruling.
What happened to Turcotte a year later?
He was released by a board of examiners as long as he continued psych treatments, lived at an approved location and had no contact with his ex-wife. The team that had been treating him told the review board that he showed no signs of mental illness.
What was the decision of Vince Li?
He won the right to live on his own — with daily monitoring. Even living on his own, he would be subject to several conditions that would include daily monitoring, regular check-ins with mental health professionals and random drug tests.
What was important about Holmes' method?
His planning, choice of time, location, weaponry and execution were meticulous. He made efforts to give narrative form to his action. In a notebook he sent to a psych BEFORE the act, he said he didn't pick an airport because he didn't want to be seen as a terrorist and he wanted to spread the message that there was NO MESSAGE
What was Holmes' sentence?
Holmes got 12 life sentences plus 3318 years (actual legit and legal decision).
What did Woodworth's study look at?
How many of them had particular paraphilias, did they have paraphilias and which kinds were most prevalent in high risk sex offenders
When is there an exception to consent?
If in a position of trust or authority, there are different guidelines and expectations (employer) and "close-in-age" exception for 12 and 13 year 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.
How they choose what is considered wrong?
If the accused was conscious that the act was one that he ought not to do (morally wrong), and if the act was at the same time contrary to the law of the land (legally wrong), he is punishable.
What were the results of Woodworth's study?
In BC, 64% had one paraphilia, 21% had 2 or more. Pedophilia was by far the most prevalent
How was rape handled in the Criminal Code of Canada prior to 1983?
In Jan 2013, the Nova Scotia Supreme Court rejected Hutchinson's appeal that the sentence was harsh and excessive and that the woman voluntarily consented to having sex. They ruled that he deprived her the ability to consent to a sexual act
What affects police officers?
In Private practice - depression, PTSD, anger management, relationship/home difficulties, anxiety, performance, support.
What is one of the major criticisms of the M'Naughten rule?
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 one's behaviour is wrong, but still be unable to stop oneself.
What was the WACO massacre?
Koresh was the leader of a cult in Texas. He was involved in a 50-day siege in which 76 men, women and children lost their lives after federal officials set fire to an isolated compound. He committed suicide after the FBI was told by profilers that suicide was not part of his agenda. This was a mistake.
What is important about frottage?
It happens where people crowd together, it is often non benign and often not reported
What is happening to reporting sexual assault?
It has been increasing - which is good, people are feeling more comfortable.
How is sexual assault handled in Canadian law?
It is about the violent/power nature of the act, not limited to intercourse and has different levels (causing bodily harm, weapon, aggravated).
What is important about the fact that Turcotte's wife was away on a ski trip?
It means that she trusted him to take care of the kids, so obviously he wasn't showing any signs of derangement that she noticed. She said their marriage was toxic, but he was a good father.
What is ViCLAS?
It stands for violence crime linkage analysis system. It took the best features of various crime linkage systems. It has been close to 25 years since its official implementation in Canada. It was developed to investigate all solved/unsolved/attempted homicides, solved/unsolved sexual assaults, and missing persons where foul play is suspected.
Do many mass murders have mental disorders?
It's true that many mass murderers do have a mental disorder, typically a severe personality disorder or a psychotic illness. But this fact has almost no implication for how to stop them.
What did the Mossier & Maeder study look at?
Juror decision making in not criminally responsible on account of mental disorder trials: Effects of defendant gender and mental illness type.
What did the jurors say about Tarloff?
Jurors said they were convinced that Mr. Tarloff at the time had delusions about communicating with God, but agreed that he still knew that the robbery and murder were immoral in society's eyes and understood that he had committed a crime. One jury member felt that if it had been Satan talking to him, it would have been a different story. Another juror said the narrow rules governing the insanity defence left the jury little choice but to convict Mr. Tarloff, because even during psychotic periods he was obsessed with religion and morality. Still, she said, Mr. Tarloff belonged in a mental hospital, not a prison.
What is Newfoundland case about?
Ken Harrison of St. John's, a 51 year old electrician, has pleaded not guilty to charges of possessing child porn and mailing obscene matter. The doll was on its way from Japan when the Canada Border Services Agency intercepted it and he was arrested.
Who is Magnotta and what did he do?
Killed Lin, an exchange student 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. He then fled the country, and they had to spend $376,000.00 to get him back to Canada - this shows how dangerous they thought he was
What happened in Greece?
Labelled pedophilia as a recognized disability, also includes pyromaniacs, compulsive gamblers, fetishists and sadomasochists. The labour ministry said they were included for purposes of medical assessment and used as a gauge for allocating financial assistance
What is the underlying issue with sexual offenders?
Lack of empathy
What was the Layman case?
Layman hear 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. At the time he did not feel that his behaviour was wrong in any way, legally or morally.
When using the Canadian Charter of Rights and Freedoms for NCRMD, what should come first?
Liberty should be thought about first
What did the NTP look at?
Looked at 1800 files, 2000-2005, in Québec, Ontario and BC. Followed up to 2008 (3 years)
What did the journal article look at? (Sex Offenders)
Looked at empathy in a group of sexually sadistic offenders and non-sadistic sexual offenders.
What was associated with a higher risk of re-offending?
Lower GM volume in the dorsomedial prefrontal anterior cingulate cortex.
What did several defence psychiatrists testify?
Magnotta was schizophrenic when he killed Lin.
What did the National Trajectory Project address?
Many myths about the verdict of NCRMD.
What was found for men?
Men were more likely diagnosed with schizo spectrum disorders and SUDs. Early 20s, mostly males get schizophrenia.
What is the re-hospitalization rate?
More than half of the people discharged by review boards, either conditionally or absolutely, did not get re-hospitalized nor had encounter with the judicial system after a three year observation period and those who did need help were more likely to end up back in the health system than in the judicial system.
Who were the offences mostly against?
Most (65%) of the underlying index offences involved acts against person. Family members and parents of the accused were the most common target, followed by police and mental health workers. Strangers were a relatively infrequent target - victims in 22.7% of these offences against a person.
What must happen for a behaviour to be considered a paraphilia?
Must have been occurring over the period of at least 6 months, the person must have acted on them, there must be a marked and/or interpersonal difficulties, and there must be an impairment in social, occupational and other important areas of functioning.
What does it mean to be in full remission of these disorders?
Must not have performed the behaviour in at least 5 years in an uncontrolled environment. EXCEPT FOR PEDOS - CAN NEVER BE IN REMISSION.
What did the jury find Turcotte?
NCRMD
What important thing did the Layman case showcase?
NCRMD ALMOST NEVER GO ON TO COMMIT AN ANOTHER ACT
What percent of court cases are NCRMD?
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
What was the most stressful thing with police?
NEGATIVE PRESS COVERAGE
What lacks in Woodworth's study?
Not much research that shows that there is a link between sexual fantasies and sexual behaviour
What have been the reactions of the sex doll company?
Reaction from general public has been outrage. "Surely this can't be healthy and it's not a massive step from some sicko who has been practising on a doll to snatch a kid and try it for real."
How often are they released?
One in five case that are processed by the review boards are released (found fit, given an absolute discharge) after the first hearing.
What percentage of them are afraid that a client would attack them or their family?
Over 80% have been afraid that a client would attack them or their family (Woodworth thinks this is way more plausible)
How many have had fantasies about their client attacking?
Over half reported having had fantasies that a client would attack.
What's another name for that test and why is it called that?
POLICEMAN AT THE ELBOW test: Would the defendant have committed the crime even if there were a policeman standing at his elbow?
Self defence can create the same symptoms as what?
PTSD
What was the main issues of the CCC?
People could still be detained without regard to whether they still pose a risk to the public (you could be kept even if you had be treated to the point where you no longer posed a risk).
Were predators willing to travel?
Predators in the current study were willing to travel great distances to meet with the decoys.
How can we actually help bring down the risk level of violence?
Proactive Resources
What did the article about mass shootings say?
Psychiatrists can't stop mass killings - said by a psychiatrist. "Mental health reform is a critical ingredient to making sure that we can try and prevent some of these things from happening in the past".
Why would male-victim child molesters have such a higher number?
Pure logistics and access to - a lot easier to access boys than girls.
What is the conversation about labelling rape as a mental disorder?
Quinsey found that there are differences among men in their propensity to commit rape. If those who preferred raping over normal sex were labelled as having Coercive Paraphilic Disorder and were to be considered pathological, if would be possible to develop diagnostic criteria to identify them and this would greatly expanded the number of individuals who would be eligible for indefinite civil commitment
What did they find in Abel's study?
Rapists averaged 7 victims. Female-victim child molesters had about 20 victims and male-victim child molesters had on average 150 victims.
What did they find in regards to age in Hanson's study?
Rapists were younger than child molesters and the recidivism risk of rapists steadily decreased with age.
What are paraphilias and what do they generally involve?
Recurrent, intense sexually arousing fantasies, sexual urges, or behaviours generally involving nonhuman objects, suffering or humiliation of oneself or one's partner or children or other non-consenting persons.
What does sadist journal suggest?
Results suggest 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
What was the deal with the risk assessment stage of grooming?
Risk assessment moved along more quickly (in fact, more in first two stages, than in 3rd stage), it accelerated in CMC, the context was more uncertain, and they moved on quicker if it appeared unlikely/too risky.
What did Seto et al find?
Sex offenders are more likely to have been sexually abused than non-sex offenders, but NOT more likely to have been physically abused.
What did Harrison's lawyers argue?
Section 163.1(4) of the Criminal Code of Canada, which deals with child pornography, violates Harrisson's right to life, liberty and security of the person. The section of the Code is so broad that it "interferes with [Harrisson's] personal autonomy as well as the physical and psychological integrity of pedophiles." They also say that the section violates Harrisson's rights because if he were to be found guilty he would be subjected to "cruel and unusual treatment or punishment."
How did some states modify the M'Naughten test?
Some states have modified the M'Naughten test with an "irresistible impulse" provision, which 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.
What was the Folie et deux case?
Several naked people in a car that had rammed a truck. Man, his adult daughter, her baby were kidnapped again their will. No one was hurt and a relative has said that the accused are good people who unknowingly drank some hallucinogenic tea over breakfast that was brought home from a trip to a foreign country.
What did the NE survey conclude?
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
What does his mother think about the Columbine Massacre?
She counts her son as being one of the victims. " I feel that Dylan was a victim of some kind of malfunction going on in his brain." She feels that she let this happen and let him slip in his depression
How did the victim's mother react in the Vince Li case?
She wants to introduce Tim's Law. The term NCR would be changed to "not psychologically accountable" which would mean that the individual was still criminally responsible. Offender would have a criminal record and get help in prison.
What is the Nield case?
Sheoran (psychiatrist) was beaten up by ju jitsu fighter, Nield. On the day of the attack, the two men were together in a small interview room only several minutes when Nield assaulted the doctor. This left Sheoran unable to work as a psychiatrist while he recovered from a broken jaw and teeth, brain damage and post-traumatic stress disorder as a result of multiple punches to his head. After the incident, Nield walked out and said "I think he's dead".
What is the Movie Theatre Batman case and why are we looking at it?
Shortly after midnight on July 20, 2012, James Holmes 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. The reason we are looking at this case is because the 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 most terrible, by a legal system bartering messily with the intersection of moral guilt, mental illness and legal culpability. It seemed that the world was cleanly divided into binaries, sane and insane.
What was the main issue with the predation study?
Since it was cops talking to the predators, they may not have gotten natural predator-child conversation
What was the deal with the sexual aspect?
Since risk assessment was more in 1st two stages, sexuality was extremely prevalent by stage 3 - quicker, with more ease, and not at risk of being "supervised"
Who is Matthew de Grood, what did he do and what was the verdict?
Son of Calgary police officer 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.
What were some of the signs of Harris?
Sleep patterns changed, went from being an early riser to a late one, was short tempered and withdrawn, hair went un-groomed, and wrote an English essay that contained violent imagery, which should have flagged him immediately, but no one was looking out for these kinds of things. He also started getting into trouble at school and stole things.
What are some causes for exhibitionism?
Socially and sexually inadequate, blow to self esteem or stress.
What did Hanson's study examine?
Study examined the relationship of age to sexual recidivism using data from 10 follow up studies of adult male sexual offenders (4000+).
What happened with the appeal of Lebrun?
Supreme court dismissed the appeal, they said that he could not establish that he was suffering from an underlying mental disorder, since he returned to normal once the effects of the drugs ran their course.
What did Pedophile study examine?
Taxometric analyses of pedophilia utilizing self-report, behavioural, and sexual arousal indicators.
What did a large National Epidemiologic Survey in the US find?
That while mental illness is relevant to violence risk, the causal links are complex, indirect, and embedded in web of individual and situational co-factors.
What did the jurors have to ask about Magnotta?
The 12 jurors approached the court 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".
What is the M'Naghten Rule?
The M'Naghten rule was a standard to be applied by the jury, after hearing medical testimony from prosecution and defence experts. It created a presumption of sanity, unless the defense proved "at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or if he did know it, that he did not know what he was doing was wrong."
What happened with the M'Naughten Rule?
The M'Naughten Rule became the basis of the law governing legal responsibility in cases of insanity in England and was embraced with almost no modification by Canadian and American Courts and Legislatures for more than 100 years, until the mid-20th century.
What were the results of the pedophile study?
The results of 3 taxometric analyses did NOT find support for the assertion that pedophilia is a taxon.
What was considered in the appealed verdict in Nov 2013?
The Québec court of appeal ruled that legal errors were committed in the original trial and that "the burden of proof was on the accused to show that he was suffering from an incapacitating mental illness - distinct from the intoxication symptoms - and it was the jury's job to decide."
Where did the RCMP differ?
The RCMP considered the female-male, male-male, and female-female scenarios to be more abusive than did the students, though no differences were found for the male-female scenario.
What was the defences' main argument of Lebrun?
The argument was that an underlying mental disorder was triggered by the drug use and therefore should be found not criminally responsible for the attack.
What was the argument about the dummy?
The dummy could normalize children as sexual beings in the minds of pedophiles, making them more likely to target an actual child.
What were the jury quick to determine?
The heinousness of Holmes' crimes outweighed his mental illness in a prior step that brought them closer to the death penalty.
What did Ancient Rome - Justinian's codification of Roman Law - law hold?
The insane were legally incompetent and therefore were designated as wards of their guardians or curators, without mastery of mind.
What happened in court with Hutchinson?
The judge at Hutchinson's first trial called his actions, "dastardly" but acquitted him. The Crown than appealed that decision, and Hutchinson was convicted in Dec 2011 at his second trial.
What does Holmes' case highlight?
The lack of clarity and consistency in what insanity means, within and outside the legal system. The verdict said only that Holmes was not insane enough 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
What is the relationship between the mentally ill and violence?
The mentally ill contribute very little overall violence in this country. Even if you were to eliminate all psychiatric illness from the population, the rate of violence would drop by only about 4 percent, contribution from mass killers is far smaller: In 2015, mass killings accounted for only 0.35 percent of gun-related homicides. People with mental illness commit less than 5 percent of violent crime, but they account for over 50 percent of mass violence incidents
What did Mossier & Maeder find?
The participants were overall more likely and willing to provide a NCRMD verdict for all other disorder types examined except for substance abuse disorder. Despite its inclusion in the DSM-V public perception and stigmatization prevented participants from recognizing it as a legitimate NCRMD defense unless it was a secondary diagnosis to schizophrenia, for example. This is significant because not all disorders are weighed equally by jurors.
What is an important detail about being considered NCRMD?
The person needs to show that they were deeply mentally ill AT THE TIME of the offense, not before or after.
What is a concern for many psychological clinicians?
The possibility of being stalked, threatened or attacked by a patient.
Which prediction was not supported about women?
The prediction that women would react more strongly to the IPV than men was not supported.
Did the primary diagnosis significantly influence the risk of reoffending? And what factors did enhance the risk of reoffending?
The primary diagnosis was not found to significantly influence risk of reoffending. Relevant factors that enhanced risk were substance abuse, the presence of a co-occurring personality disorder (seen in 10%) of the sample and prior conviction or finding of the NCRMD
What did the prosecution say about Magotta?
The prosecution have said Magnotta had a personality disorder and has the capacity to know the difference between right and wrong
What was found out about intrafamilial child molesters?
The recidivism rate of intrafamilial child molesters was generally low (less than 10%), except for the intrafamilial offender in the 18 to 24 year old age group, whose recidivism risk was comparable to that of rapists and extrafamilial child molesters
What did 4 mental health experts testify in Holmes?
The shooting wouldn't have happened if Holmes weren't severely mentally ill (Increasingly palpable delusions that killing others would increase his own self-worth, forensic psychiatrist Jeff Metzner said.
What are the three types and two subtypes of female sex offenders?
The teacher-lover type, the intergenerational predisposed type, and the male-coerced type. Then there is the exploration/exploitation subtype and the psychologically disturbed subtype.
What are some problems about female sex offenders?
There are problems even with classification. Is knowing husband was sexually abusing child and doing nothing about it considered sex offending? Sleeping with child, with absence of sexual touching? When is it "normal" and when is it "weird"? Socially constructed gender roles allow women to be with children more easily.
Why is it difficult to solve serial crimes?
There is no relationship with the victims, no motive, and usually no witnesses.
What did Hanson find?
There was NO DIFFERENCES FOR: sexual (21%), violent (43%) or general (58%).
What was their main problem with the defence in Tarloff?
They believed that the defence had not offered strong evidence of Mr. Tarloff's state of mind during the attack.
What did Hanson's study do?
They did a 12 year follow up period from both treated and untreated sex offenders.
What did Cormier and Woodworth's study look at?
They looked at the attitutudes of RCMP vs UBCO students in terms of differences in seriousness based on which genders are involved in domestic abuse.
What is important about the length of time an NCRMD individual spends in the hospital?
They should not be in the hospital for longer than the prison sentence they would have received - included in 1992 reforms, but never proclaimed in force. But if they're still feeling mentally unwell, you can't really put a time limit on that.
What was found about high psychopathy?
They were more likely to have sadistic paraphilia than low or moderate psychopaths and 82% of their fantasies played a role in what they engaged in.
What is "Deviant rape pattern"?
This is where the person prefers raping over intimate sexual interaction. (not a "drunk" rapist)
What was the defence's argument of Magnotta?
Throughout the trial, defence lawyer Luc Leclair sought to convince the jury Manotta was in a state of psychosis, the result of severe mental illness, when he killed and dismembered 33 year old Lin.
What's a major issue with the person having had to have been suffering from mental illness at the time of the offence?
Time. 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 offense is alleged to have occurred. To talk to someone about something that happened 2 years ago, it's starting to get hard to remember everything.
What did Mesopotamian culture attributed mental illnesses?
To demonic possession with every specific disease state being attributed to its own demon, with 6000 being identified. Idta was the demon associated with insanity
How was the study of predation assessed?
Transcripts of 43 convicted predators were analyzed with computerized text analysis for language specific to each stage of grooming.
What is this sex doll company doing?
Trollta, created by Shin Takagi, is manufacturing sex dolls for pedophiles who want to control their sex impulses. Takagi says that they may well be a valuable weapon in the fight against the sexual abuse of real children.
What did experts in Turcotte agree on?
Turcotte was suffering from mental issues, mostly an adjustment disorder with symptoms of anxiety and depression. He was obsessed with suicide, mentally ill and incapable of telling right from wrong. A psych with a speciality in domestic violence testified Turcotte was suffering from "a major mental illness" that prevented him from developing an intent to kill. Another psych testified that Turcotte killed his kids to prevent them from witnessing his eventual suicide. His logic was faulty as a result of a sick mind
What are some stats of female sex offenders?
Usually it is women in their 20s or 30s. Higher rate of Caucasians, more likely than men to be married and have children and more likely to have a co-offender.
Why do they have mental disorders?
Vast majority of these killers avoid the mental health care system. They are intent on murdering people not on seeking help and generally don't see themselves as ill.
What is always the problem with these kinds of studies?
We can only talk about this in terms of correlations, not causation
What did the Court of Québec find on Lebrun?
Whatever psychosis gripped Bouchard-Lebrun during the incident, it was "self-induced intoxication" and could not be used as an excuse for his actions. He took drugs on purpose, and so his psychosis would NOT have been triggered if he hadn't made the decision to take drugs.
What were researchers investigating?
Whether persons with pedophilia are qualitatively different from those without pedophilia (taxon) or if people vary in their level of sexual interest towards children (dimensional).
What happened in to Whitmore 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, where he repeatedly refused any treatment.
How were people with mental health issues viewed in the past?
With a pattern of disdain and comparison to children and animals
Who experiences the highest rates of domestic violence?
Women between the ages of 15 and 25.
What is found about women?
Women had higher psychosocial functioning than men. Women were more likely diagnosed with mood disorders and PDs. Women more likely to perpetrated murders and attempted murders and most likely to offend against offspring and partners and less likely to offend against strangers compared to men. Women had significantly less extensive criminal histories than men
What is Malleus Malificarum?
Written by the catholic church, it was a book that used to hunt witches based on behaviours and physical characteristics.
Is a personality disorder considered a disease of the mind?
Yes, an extremely severe personality disorder CAN count as NCRMD, but you still have to prove that it was that bad at the time of the crime.
How does fetishism become a crime?
You can only buy so many pairs of underwear or shoes until it gets a little weird with the staff - so they have to steal. May be embarrassed about stealing that stuff, so they stage it as an actual robbery, when they only really wanted the paraphilic object. Fetishism gets legal attention because of theft, burglary, and stealing.
