not criminally responsible on account of mental disorder

因精神障碍而不负刑事责任
  • 文章类型: Journal Article
    这项研究调查了在艾伯塔省574名被发现对精神障碍(NCRMD)不负有刑事责任的人群中,暴力风险评估指南修订版(VRAG-R)的歧视和校准特性。VRAG-R对通过艾伯塔省NCR项目数据库从包含足够相关信息的每个文件中确定的所有个人进行了评分,并且通过官方犯罪记录获得了累犯数据。VRAG-R对5年以上的一般和暴力累犯表现出强烈的歧视性质,10年,和全球后续行动。校准分析,然而,表明VRAG-R大大超过了估计的暴力风险,并且该人群的预期和观察到的累犯率之间的一致性很差。当在男性子样本中检查时,这些问题仍然存在,但程度较小;由于缺乏累犯,无法检查女性的VRAG-R歧视和校准.结果表明,在该NCRMD人群中,VRAG-R的辨别力很强,但校准特性较差。总的来说,结果支持VRAG-R在发现NCRMD的人群中与其他措施结合使用,作为全面心理风险评估的一部分.
    This study examined the discrimination and calibration properties of the Violence Risk Appraisal Guide-Revised (VRAG-R) within a large subset of the population of 574 individuals who had been found Not Criminally Responsible on Account of Mental Disorder (NCRMD) in Alberta. The VRAG-R was scored on all individuals identified via The Alberta NCR Project database from every file that contained sufficient relevant information and recidivism data were obtained via official criminal records. The VRAG-R demonstrated strong discrimination properties for general and violent recidivism over 5-year, 10-year, and global follow-ups. Calibration analyses, however, indicated that the VRAG-R substantially over estimated violence risk and that there was poor agreement between expected and observed recidivism rates for this population. When examined in the male subsample, these issues remained but to a lesser degree; examination of VRAG-R discrimination and calibration for females was not possible due to a lack of recidivists. Results indicated strong discrimination but poor calibration properties of the VRAG-R in this NCRMD population. Overall, the results support the use of the VRAG-R within a population of persons found NCRMD when employed in tandem with other measures as part of a comprehensive psychological risk assessment.
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  • 文章类型: Journal Article
    UNASSIGNED:刑事责任是刑事制裁被诊断患有精神健康障碍并犯罪的人的一个关键概念。在法国,根据一位或多位精神病专家的建议,法官可以宣布一个人对精神障碍(NCRMD)没有刑事责任,如果,在进攻的时候,该人表现出精神疾病,从而消除或改变了他/她的辨别能力和/或控制他/她的行为的能力。在这种情况下,法官通常还下令非自愿精神病住院治疗。这项研究的目的是(1)描述发现NCRMD的人的精神病住院的纵向回顾性管理数据,(2)识别年龄,性别,以及这些人的主要诊断,(3)表征NCRMD精神病住院前后的精神病护理轨迹。
    UNASSIGNED:我们使用了法国国家医院数据库中的出院报告,该数据库称为“计划信息”(PMSI),以收集纵向数据,描述在2011年至2020年之间发现NCRMD的人的精神病住院情况,性别,以及这些患者的主要诊断,他们住院的时间,以及他们在NCRMD精神病住院之前和之后的精神病治疗轨迹。
    UNASSIGNED:我们确定了在2011年至2020年间发现NCRMD后住院接受精神病治疗的3,020名患者。基于这些理由的入院人数在此期间保持稳定,从2011年的263到2021年的227。他们大多是被诊断患有精神病的年轻人(62%)。大部分(87%)在普通精神病院住院,只有13%的人被允许进入最高安全单位(Unitéspourmaladesdifficiles,UMD)。这些患者的中位住院时间为13个月。我们的结果表明,73%的患者在NRCMD住院之前已经住院。从NCRMD精神病住院出院后5年内再住院率为62%。
    UNASSIGNED:我们进行了第一项研究,调查了法国宣布为NCRMD的人的精神病医院治疗。迫切需要进一步研究以调查这些患者的临床特征。
    UNASSIGNED: Criminal responsibility is a key concept in the criminal sanctioning of people diagnosed with mental health disorders who have committed crimes. In France, based on the recommendations of one or more expert psychiatrists, a judge can declare a person not criminally responsible on account of mental disorder (NCRMD) if, at the time of the offense, the person was presenting a psychiatric disorder that abolished or altered his/her capacity for discernment and/or ability to control his/her actions. In such a case, the judge also generally orders an involuntary psychiatric hospitalization. The objectives of this study were to (1) describe longitudinal retrospective administrative data of psychiatric hospitalizations for people found NCRMD, (2) identify the age, sex, and principal diagnoses of these individuals, and (3) characterize the trajectories of their psychiatric care before and after NCRMD psychiatric hospitalization.
    UNASSIGNED: We used discharge reports from the French national hospital database called Programme de médicalisation des systèmes d\'information (PMSI) to gather longitudinal data that describe psychiatric hospitalizations for people found NCRMD between 2011 and 2020, the age, sex, and principal diagnoses of these patients, the length of their hospitalization, and the trajectories of their psychiatric care before and after their NCRMD psychiatric hospitalization.
    UNASSIGNED: We identified 3,020 patients who were hospitalized for psychiatric care after having been found NCRMD between 2011 and 2020. The number of admissions on these grounds has remained stable over this period, ranging from 263 in 2011 to 227 in 2021. They were mostly young men diagnosed with a psychotic disorder (62%). The majority (87%) were hospitalized in general psychiatric hospitals, and only 13% were admitted to maximum-security units (Unités pour malades difficiles, UMD). The median duration of hospitalization for these patients was 13 months. Our results show that 73% of the patients had already been hospitalized prior to their NRCMD hospitalization. The rehospitalization rate within 5 years of discharge from NCRMD psychiatric hospitalization was 62%.
    UNASSIGNED: We conducted the first study investigating the psychiatric hospital treatment of people declared NCRMD in France. There is an urgent need for further studies to investigate the clinical characteristics of these patients.
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  • 文章类型: Journal Article
    背景:公众通常将精神错乱辩护视为“出狱免费卡”。相反,几项研究证明了对这些被告的实质性控制。这项研究将审查委员会关于因精神障碍(NCRMD)而被认为不负刑事责任的人的决定与刑事法院关于加拿大因类似罪行而被定罪的罪犯的决定进行了比较。
    方法:拘留,使用逻辑回归,以及被拘留和监督的期限,使用Cox回归,在加拿大三个省(魁北克,安大略省,和不列颠哥伦比亚省)在2000年至2005年之间,从国家轨迹项目一直持续到2008年,并从加拿大统计局的刑事法院调查中获得了3,20,919名加拿大人因刑事犯罪而被定罪的国家样本。
    结果:个人发现NCRMD被拘留的可能性是被定罪罪犯的3.8倍(95%CI3.4-4.3),以及4.8倍(95%CI4.5-5.3)和2.9倍(95%CI2.6-3.1)从拘留和监督中释放的可能性较小,分别。判决一年后,73%的NCRMD被告仍在法律监督下,42%仍被拘留,而这些比例是,分别,41和1%的被定罪的同行。交互作用表明性别,年龄,管辖权,犯罪的数量,与被定罪的人相比,所犯罪行的严重程度对适用于NCRMD的决定有不同的影响。
    结论:与普遍看法相反,精神错乱的辩护不是漏洞。关于影响两个样本轨迹的因素的差异证实,审查委员会能够将其做法与刑事法院保持距离,并可以搁置,至少在某种程度上,支配传统量刑做法的相称性和惩罚性原则。
    BACKGROUND: The public often perceives the insanity defense as a \"get out of jail free card\". Conversely, several studies demonstrate the substantial control imposed upon these defendants. This study compares Review Boards decisions regarding people found not criminally responsible on account of mental disorder (NCRMD) to criminal courts decisions regarding convicted offenders for similar offenses in Canada.
    METHODS: Detention, using logistic regression, and duration under detention and supervision, using Cox regression, were compared between a cohort of 1794 individuals found NCRMD in three Canadian provinces (Quebec, Ontario, and British Columbia) between 2000 and 2005 followed until 2008 from the National Trajectory Project and a national sample of 3,20,919 Canadians convicted of criminal offense from Statistics Canada\'s Criminal Court Survey.
    RESULTS: Individuals found NCRMD are 3.8 times (95% CI 3.4-4.3) more likely to be detained than convicted offenders as well as 4.8 times (95% CI 4.5-5.3) and 2.9 times (95% CI 2.6-3.1) less likely to be released from detention and supervision, respectively. One year after the verdict, 73% of the NCRMD accused were still under legal supervision and 42% were still in detention, whereas these proportions were, respectively, 41 and 1% for their convicted counterparts. Interaction effects show that sex, age, jurisdiction, number of offenses, and severity of crimes committed have a differential impact on decisions applied to NCRMD accused compared to convicted persons.
    CONCLUSIONS: Contrary to popular perceptions, the insanity defense is not a loophole. Differences as to factors influencing the trajectories of the two samples confirm that Review Boards are able to distance their practices from the criminal courts and can set aside, at least in part, the principles of proportionality and punitiveness governing the traditional sentencing practices.
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  • 文章类型: Journal Article
    BACKGROUND: While the presence or absence of previous healthcare and criminal justice system (CJS) contacts in the histories of mentally ill offenders has been well-studied, the frequency of these contacts and when they occur in the period leading up to an index criminal event has received less research attention.
    OBJECTIVE: To explore patterns of healthcare and CJS use in the year prior to a criminal act leading to a Not Criminally Responsible on Account of Mental Disorder (NCRMD) finding in Canada.
    METHODS: In this 3-year retrospective records study, the case files of all patients newly admitted to the British Columbia forensic psychiatric system after a finding of NCRMD between 1st July 2012 and 31st July 2015 were reviewed. Data were extracted on healthcare and CJS use for the 12 months before the act leading to the NCRMD finding. Time-based descriptive statistics and two-step cluster analysis were used to investigate service use patterns.
    RESULTS: Among 94 eligible patients, only four had no service contacts in the year leading up to the index event, leaving 90 in the cohort for further analysis. On average, these 90 patients had seven contacts with health or criminal justice services in the year prior to the index offence. Cluster analysis revealed a high healthcare pathway group who had had many healthcare and few CJS contacts; a limited service user group who had had few contacts of any kind and a heavy service user group who had had a high volume of contacts with both types of service providers.
    CONCLUSIONS: The different patterns of patient contact prior to the index event imply that each practitioner-type has distinct and temporally relevant opportunities to provide preventative interventions to their patients or user groups.
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  • 文章类型: Journal Article
    在精神错乱的情况下,虽然被告的最终惩罚在法律上与陪审团的决定无关,这可能与心理有关。在这个由三部分组成的混合方法研究中,加拿大陪审团合格的参与者(N=83)阅读了一个虚构的谋杀案,涉及精神错乱的主张,然后参加了45分钟的审议。调查结果表明,通常对惩罚有利的模拟陪审员的发言频率较低,这支持了辩方的案子。对关键词标记话语的定性描述还表明,模拟陪审员依赖于关于权威的道德直觉,伤害,以及为自己的立场辩护的公平。这些发现可能适用于制定有效的法官指示和律师的开庭陈述。
    In insanity cases, although the defendant\'s eventual punishment is legally irrelevant to the jury\'s decision, it may be psychologically relevant. In this three-part mixed-methods study, Canadian jury eligible participants (N = 83) read a fictional murder case involving an insanity claim, then took part in 45-min deliberations. Findings showed that mock jurors who were generally favourable towards punishment had a lower frequency of utterances that supported the Defence\'s case. A qualitative description of keyword flagged utterances also demonstrated that mock jurors relied on moral intuitions about authority, harm, and fairness in justifying their positions. These findings may have application in crafting effective Judge\'s instructions and lawyer\'s opening statements.
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  • 文章类型: Journal Article
    Outcomes research in forensic mental health (FMH) has concentrated on reoffending as the principal indicator of success. Defining success in one-dimensional, negative terms can create a distorted view of the diverse objectives of the FMH system. This qualitative study examined the complexity of success from the perspectives of people in the FMH system. Interviews were conducted with 18 forensic service users and 10 forensic service providers. Data were analyzed inductively using thematic analysis to identify predominant themes. The participants conceptualized success as a dynamic process materializing across six different domains in the context of the FMH system: (a) normal life, (b) independent life, (c) compliant life, (d) healthy life, (e) meaningful life, and (f) progressing life. The results indicate that people who provide or use FMH services emphasize a broad range of processes and outcomes, apart from public safety, when they think about success.
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