Deck 8: A: The Role of Mental Illness in Court

Question 1

In Canada,the following elements must be present for criminal guilt:

A)a wrongful deed
B)mens rea
C)criminal intent
D)actus reus
E)all of the above

Answer 1

all of the above

Question 2

In Canada,what initial screening instrument is typically used for determining fitness to stand trial?

A)Fitness Interview Test-Revised (FIT-R)
B)Competency Screening Test (CST)
C)Competency to Stand Trial Assessment Instrument (CAI)
D)Interdisciplinary Fitness Interview (IFI)
E)MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

Answer 2

Fitness Interview Test-Revised (FIT-R)

Question 3

Which of the following statements concerning the defendant's fitness to stand trial and the insanity defence is true?

A)With fitness you are assessing past mental condition (at time of offence); with the insanity defence you are assessing current mental condition.
B)With fitness you are assessing current mental condition; with the insanity defence you are assessing past mental condition (at time of offence).
C)With fitness and the insanity defence,you are assessing past mental condition (at the time of the offence)
D)With fitness and the insanity defence,you are assessing current mental condition.
E)With fitness and the insanity defence,you are assessing both past mental condition (at time of offence)and current mental condition.

Answer 3

With fitness you are assessing current mental condition; with the insanity defence you are assessing past mental condition (at time of offence).

Question 4

The issue of a defendant's fitness may be raised:

A)at the beginning of the trial
B)when entering a plea
C)when a defendant chooses not to be represented by counsel
D)during sentencing
E)all of the above

Question 5

In what Canadian case was it concluded that an unfit person could not be sentenced?

A)R.v.Swain
B)R.v.Demers
C)Winko v.British Columbia
D)R.v.Arenburg
E)R.v.Balliram

Question 6

According to Bill C-30,the entire length of detention that a defendant can be held in custody before the fitness evaluation is completed cannot exceed:

A)24 hours
B)5 days
C)30 days
D)60 days
E)none of the above

Question 7

Jerome is being accused of assaulting a man,and while he understands that what he did was wrong,he doesn't understand why he is in court and the consequences of the court proceedings.He also is having a difficult time talking with his council and participating in his own defence as he believes his lawyer is really working "for the other side" and that the judge has it out for him.Upon evaluation,Jerome would likely be considered

A)Insane
B)NCRMD
C)Unfit to stand trial
D)Sane
E)Fit to stand trial

Question 8

When a defendant is found unfit to stand trial,the most common form of treatment for restoring fitness is:

A)cognitive therapy
B)medication
C)behaviour therapy
D)psychodynamic therapy
E)client-centred therapy

Question 9

According to research by Pirelli,Gottdiener,and Zapf (2011),defendants found unfit to stand trial are eight times more likely than fit defendants to:

A)have been previously incarcerated
B)have an extensive criminal background
C)suffer from a substance abuse disorder
D)meet the criteria for a psychotic disorder
E)all of the above

Question 10

Brian is an avid fisherman,and he assaults a man who tried to destroy his fishing business.A week following the assault,Brian was in a car accident and incurred a traumatic brain injury,which has been deemed permanent by doctors.According to Bill C-10,when Brian goes to court,he should be deemed unfit to stand trial and receive a disposition of:

A)an absolute discharge
B)a conditional discharge
C)detention in a psychiatric facility
D)house arrest
E)a prison sentence

Question 11

In conducting a fitness evaluation in Canada,criteria related to a defendant's understanding of the nature of the proceedings may include:

A)having factual knowledge about the criminal procedure
B)understanding the role of key participants in the trial
C)understanding the severity of the charges
D)understanding the arrest process
E)all of the above

Question 12

As currently specified in the Canadian Criminal Code,a defendant is unfit to stand trial if he or she is:

A)unable to plead to the indictment
B)unwilling to testify in his or her own defence
C)hostile toward members of his or her defence team
D)unable,on account of a mental disorder,to understand the possible consequences of the proceedings
E)suffering from schizophrenia

Question 13

Which of the following fitness instruments involves uncompleted sentences that the defendant must finish?

A)Fitness Interview Test-Revised (FIT-R)
B)Competency Screening Test (CST)
C)Competency to Stand Trial Assessment Instrument (CAI)
D)Interdisciplinary Fitness Interview (IFI)
E)MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

Question 14

In Canada,which of the following would be allowed to conduct court-ordered assessments of fitness to stand trial and criminal responsibility?

A)an experimental forensic psychologist
B)a clinical forensic psychologist
C)a medical doctor
D)a psychometrist
E)all of the above

Question 15

Historically,the key case that was used in the context of determining the fitness standard was:

A)R.v.Taylor
B)R.v.Prichard
C)R.v.McNaughton
D)R.v.Swain
E)Winko v.British Columbia

Question 16

Research by Pirelli,Gottdiener,and Zapf (2011)has found that all of the following characteristics were more likely associated with defendants deemed incompetent relative to competent,except:

A)Earlier psychiatric hospitalizations
B)History of previous arrests
C)Unemployed
D)Diagnosed with psychotic disorder
E)All of the above are characteristics of incompetent defendants

Question 17

The burden of proving unfitness is on:

A)the Crown
B)the defendant
C)the Defence
D)the judge
E)the party who raises the issue.

Question 18

What standard is the insanity defence in Canada based on?

A)McNaughton Standard
B)Fitness Test
C)Irresistible Impulse Standard
D)American Law Institute Standard of Insanity
E)Criminal Lunatics Act

Question 19

Marley is being assessed to determine if she is fit to stand trial.The doctor presents her with a series of hypothetical scenarios and then asks her 22 questions about her understanding of these scenarios.Which of the following fitness instruments is Marley being administered?

A)Fitness Interview Test-Revised (FIT-R)
B)Competency Screening Test (CST)
C)Competency to Stand Trial Assessment Instrument (CAI)
D)Interdisciplinary Fitness Interview (IFI)
E)MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

Question 20

According to Bill C-10,a court can stay the proceedings of a defendant who is unlikely to become fit if:

A)the accused is unlikely ever to become fit
B)the accused poses no threat to the public
C)staying the proceedings results in the proper administration of justice
D)all of the above
E)none of the above

Question 21

The introduction of capping in Bill C-30 was done to limit the extent to which mentally disordered persons:

A)would be given indeterminate sentences.
B)could delay trials due to unfitness
C)would be able to claim the insanity defence in successive crimes
D)could be granted absolute discharges for criminal activity
E)could mount an NCRMD defence for particular types of crimes

Question 22

The Canadian court case associated with defining the two types of automatism is:

A)R.v.Stone
B)R.v.Parks
C)R.v.Swain
D)R.v.McNaughton
E)none of the above

Question 23

When a defendant is found not criminally responsible,a review board will take into account:

A)criminal history
B)risk assessment
C)charge information
D)trial transcript
E)all of the above

Question 24

What is the name of the law that led to the implementation of community treatment orders for mentally ill individuals?

A)Winko's Law
B)Brian's Law
C)McNaughton's Law
D)Swain's Law
E)Peel's Law

Question 25

Research by Crocker,Braithwaite,Cote,Nicholls,and Seto (2011)found that review boards charged with assessing NCRMD cases relied more heavily on assessment of ______________ factors to determine if the individual should be detained or released.

A)psychotic
B)static
C)demographic
D)dynamic
E)employment

Question 26

According to American data,what proportion of felony cases will argue an insanity defence?

A)less than 1%
B)10%
C)25%
D)30%
E)40%

Question 27

Which of the following is not a scale included in the R-CRAS?

A)cognitive control
B)behavioural control
C)psychopathology
D)current emotional state
E)organicity

Question 28

In Canada,the ____________ is the instrument used to assess criminal responsibility.

A)MacCAT-CA
B)FIT-R
C)R-CRAS
D)NCRMD
E)IFI

Question 29

Carla stood trial for the murder of her teacher.Her lawyer argued that Carla was unaware of what she was doing because she suffers from a dissociative disorder and operates "outside herself" at times.The judge ruled that Carla's state was a form of insane automatism.What type of verdict would Carla likely receive?

A)Not guilty
B)Guilty
C)Guilty but mentally ill
D)NCRMD
E)Unfit to stand trial

Question 30

Which of the following examples would likely be recognized by Canadian courts as a defence of noninsane automatism?

A)stress
B)excessive state of grief
C)self-induced intoxication
D)sleepwalking
E)extreme state of anxiety

Question 31

There have been many changes to the legislation surrounding dispositions when mentally disordered defendants are involved.In 1999,the Supreme Court of Canada stated that a defendant who is NCRMD should be detained only if he/she poses a criminal threat to the public; but otherwise the defendant should receive an absolute discharge. In what case did this ruling arise from?

A)R.v.Swain
B)R.v.Demers
C)Winko v.British Columbia
D)R.v.Arenburg
E)R.v.Balliram

Question 32

What is the current insanity defence in Canada?

A)not guilty by reason of insanity
B)not guilty because of mental illness
C)guilty but mentally ill
D)not criminally responsible on account of mental disorder
E)none of the above

Question 33

Richard has been found not criminally responsible in regards to an assault on his landlord.The judge orders that he be released into the community,but that he is to stay away from his former landlord,not possess any weapons,and must take his medication.What type of disposition did Richard receive?

A)Psychiatric facility detention
B)Absolute discharge
C)Conditional discharge
D)Incarceration
E)Community sentence

Question 34

When the Department of Justice commissioned the Mental Disorder Project in the early 1980s,this review found that mental disorder legislation in the Criminal Code was in conflict with:

A)the Supreme Court of Canada
B)the Charter of Rights and Freedoms
C)Brian's Law
D)the Criminal Lunatics Act
E)the McNaughton Rules

Question 35

Of the few defendants that raise the insanity defence in the United States,about _______ are successful.

A)5%
B)10%
C)15%
D)20%
E)25%

Question 36

Earl stood trial for the murder of his neighbour.His lawyer argued that Earl was unaware of what he was doing because he was sleepwalking and in an automatic state.Earl's state was determined to be noninsane automatism.What type of verdict would Earl likely receive?

A)Not guilty
B)Guilty
C)Guilty but mentally ill
D)NCRMD
E)Unfit to stand trial

Question 37

A successful noninsane automatism defence will result in a verdict of:

A)not criminally responsible on account of mental disorder
B)not guilty and the defendant is released with no conditions
C)guilty with prison term
D)not guilty and the defendant is sent to a mental health facility
E)none of the above

Question 38

When may the Crown raise the issue of insanity in Canada?

A)prior to the start of a trial
B)after a guilty verdict
C)if expert evidence is available
D)if the defendant exhibits deviant behaviour during the trial
E)never,only the defence may raise the issue

Question 39

Which of the following dispositions can be made following a finding of NCRMD?

A)detention in a psychiatric facility
B)absolute discharge
C)conditional discharge
D)all of the above are potential dispositions
E)none of the above

Question 40

Which of the following is not one of the critical elements that emerged from the McNaughton verdict?

A)A defendant must be found to be suffering from a disease of the mind
B)A defendant must not know the quality of the act he/she is performing
C)A defendant must not know that what he/she is doing is wrong
D)A defendant must be able to understand the purpose of criminal proceedings
E)The defendant must not know the nature of the act he/she is performing

Question 41

The two key treatment options for mentally disordered offenders who experience symptoms such as hallucinations,suspicion,and noncompliance with medication are:

A)self-paced therapy and behaviour therapy
B)self-paced therapy and drug therapy
C)antipsychotic drugs and behaviour therapy
D)psychodynamic therapy and behaviour therapy
E)drug therapy and psychodynamic therapy

Question 42

Which of the following is not one of the main objectives of mental health courts?

A)To ensure treatment for a defendant's mental disorders
B)To facilitate evaluation of a defendant's fitness to stand trial
C)To ensure that mentally disordered offenders are given a balance of treatment and punishment
D)To divert accused who have been charged with minor offences
E)To decrease the cycle of repeat offending in mentally disordered offenders

Question 43

You read a headline in your local paper that expresses "Man Found Innocent After Stabbing Coworker Before Lunch",and go on to read that the defendant suffered an extreme drop in blood sugar prior to committing the crime.This scenario provides an example of:

A)Insane automatism
B)NCRMD
C)Unfitness to stand trial
D)Noninsane automatism
E)Insanity

Question 44

In a study by Rice and Harris (1990),defendants found not criminally responsible were compared to a matched group of convicted offenders.When looking at post-release recidivism,the not criminally responsible group had _______ rates of general recidivism and ________ rates of violent recidivism compared to the matched group of offenders.

A)lower/lower
B)higher/higher
C)lower/higher
D)higher/lower
E)equal/lower

Question 45

Recent research suggests that the public's perception of mental health courts is generally:

A)negative
B)positive
C)ambivalent
D)undecided
E)dismissive

Question 46

The option by which mentally disordered offenders are placed directly into a treatment program rather than go through the court process is called:

A)capping
B)diversion
C)prima facie
D)conditional discharge
E)absolute discharge

Question 47

Which of the following circumstances would not be recognized by Canadian courts as a reason for a noninsane automatism state?

A)Sleepwalking
B)Low blood sugar
C)Voluntary intoxication
D)Carbon monoxide poisoning
E)Stroke

Question 48

Edward is a 34 year old male who suffers from paranoid schizophrenia.He was detained in a forensic psychiatric facility following an NCRMD disposition that he was given.In the interests of integrating Edward back into the community,the review board has determined that he is no longer dangerous,and are going to allow him to live in the community,with the stipulation that he will agree to treatment or face detention if his condition deteriorates.The review board has granted Edward what type of treatment option?

A)conditional discharge
B)diversion
C)prima facie
D)community treatment order
E)absolute discharge

Question 49

In a recent meta-analysis by Phillips et al.(2005),these researchers examined whether demographic,criminal history,and clinical variables predict offending in mentally disordered offenders in the United Kingdom.Each of the following were predictive of general and violent offending,except:

A)Mental disorder diagnosis
B)Age on admission
C)Number of days hospitalized
D)Number of previous offences
E)All of the above were predictors of general and violent recidivism

Question 50

Which of the following statements is true regarding mentally ill offenders in Canada?

A)Mentally ill offenders typically have more extensive criminal records than offenders without a mental illness.
B)Mentally ill offenders are more likely to recidivate (reoffend)compared to violent offenders without a mental illness.
C)Mentally ill offenders are significantly less likely to receive a conditional release from prison than offenders without a mental illness.
D)Mentally ill offenders are more likely to be conditionally released as a result of mandatory supervision,whereas offenders without a mental illness are more likely to receive a conditional release due to parole.
E)All of the above

Question 51

According to your text,two of the greatest predictors of future violence in offenders are:

A)schizophrenia and prior violence
B)prior violence and substance abuse
C)substance abuse and schizophrenia
D)major affective disorder and prior violence
E)schizophrenia and major affective disorder

Question 52

According to prevalence rates of psychiatric disorders in a sample of Canadian defendants (Bland et al.,1990),87% of male defendants from the Edmonton Remand Centre were found to suffer from what type of mental disorder?

A)an affective/mood disorder
B)antisocial personality disorder
C)substance abuse
D)schizophrenia
E)an anxiety disorder