What Does A Psychiatrist Need To Assess “Not Criminally Responsible” Issue:
- Crowns file including police reports, witness and victim statements
- Previous psychiatric records
- Autopsy report
- Clinical interview with accused
- Mental status examination of accused
- Direct questioning of accused regarding knowledge of wrongfulness
- Detailed account from accused about circumstances of offense
- Possible psychological testing
- Possible neurological examination(s)
Patterns of Criminality and Mental Disorder
- Crime was a response to psychotic symptoms, such as delusions and hallucinations many will be NCR
- Crime motivated by compulsive urges, such as paraphilias or disorders of impulse control most not NCR
- Crime the result of a personality disorder
- Coincidental mental disorder not related to crime
- Mental disorder results from the crime dissociation, depression
- Malingered mental disorder to avoid responsibility
Factors To Be Considered In Assessing Criminal Responsibility
- Evidence of mental disorder currently, in the past and at time of offense
presence of delusions, mood disorder - Motive for offense
– if no apparent motive other than psychotic, suggests valid mental disorder
– if rational motive also present, such as profit, suspect malingering or coincidental mental disorder - Consider planning and preparation for crime
- Evidence of impaired functioning within a few days of the crime
- Detailed understanding of accuseds thinking and behaviour before, during and after crime
– evidence of bizarre behaviour
– attempt to escape or avoid detection - Consider criminal record and personality disorder
- Consider previous psychiatric history
- Do previous hospital records describe delusions or hallucinations that relate to current offense
- If accused did not know the act was wrong, was this due to mental disorder?