Pros And Cons Of Mainstream Misconceptions

Not Criminally Responsible (NCR), also known as Not Criminally Responsible on Account of Mental Disorder (NCRMD), refers to a legal defence that is used in a situation where a mental illness, or mental disorder, made it impossible for the individual who committed a crime, to fully understand the “nature and quality of what they did, or if the mental disorder made it impossible for them to understand that what they did was morally wrong, not just legally wrong” (Legal Aid Ontario). The documentary ‘Not Criminally Responsible’ follows the rehabilitative journey of Sean Clifton, a man gripped by psychosis, depression, schizophrenia and obsessive compulsive disorder, who stabbed Julie Bouvier, a complete stranger, outside of a Walmart, as a result

Despite the perception that anyone could potentially fabricate a story and argue for a not criminally responsible verdict, the defence of NCRMD is a difficult one to prove. Very few individuals are found not criminally responsible on account of a mental disorder. In the cases where a trier of fact or jury has successfully accepted the defence, counsel for the defendant alongside expert witnesses, have been able to not only prove a mental disorder at the time of the offence but also have demonstrated that the accused was rendered incapable of knowing that their actions were

The conclusion had is there is no one solution for all of these individual cases however the author does state “The goal is to reach a balance between the rights of the patient to treatment and the responsibility to ensure public safety. The balance between patients’ rights, the right to treatment, and public safety is taken into account with the “treatment years” approach.” (Melamed). This balance between punishment and treatment will largely depend on the severity of the crime committed, and differ from case to case. The term “treatment years” refers to the duration of time spent with medical personnel helping subdue the condition expressed by the patient before they are deemed ready to be a part of society once more. The implication of juries that are more informed on the topics of mental health and are able to view that in the context of sentencing could also benefit a suitable and more understanding sentencing of jail and treatment time. The context of murder with punishment and treatment is more difficult to find a balance with than other less severe crimes. The perpetrator has shown the ability to commit the worst crime imaginable and has demonstrated their danger to society and capability to damage lives. With this taken into account punishment for the perpetrator needs to be

Many cases require alternate defences for those who suffer from mental disorders, this defence is known as Not Criminally Responsible on Account of Mental Disorder also known as NCRMD. A defence such as this is used to explain that the perpetrator had a disorder that made them unaware of the crime they had committed and that the crime was wrong. Applying NCRMD as a defence can be difficult as there are many requirements a person needs to meet before they are deemed not responsible. In some cases, it is hard to prove that the offender had a mental disorder at the time of the crime and that it is a valid defence as to why they committed the crime unknowingly. There is a lot of discussion around NCRMD being successful or unsuccessful and what should happen to the offender if they are deemed NCRMD. A recent case where NCRMD was used as a defence and was successful, was in the case of David Siu. NCRMD is a successful and valid defence if it is used in the right case to protect those in the system with mental disoders.

The United States criminal justice system has been continuously increasing incarceration among individuals who suffer from a sever mental illness. As of 2007 individuals with severe mental illness were over twice as likely to be found in prisons than in society (National Commission of Correctional Health Care, 2002, as cited in Litschge &Vaughn, 2009). The offenses that lead to their commitment in a criminal facility, in the majority of cases, derive from symptoms of their mental illness instead of deviant behavior. Our criminal justice system is failing those who would benefit more from the care of a psychiatric rehabilitation facility or psychiatric hospital by placing them in correctional facilities or prisons.

In most cases, the Actus Reus, meaning a “guilty act” would be present, however may vary for the case for the Mens Rea element, meaning a “guilty mind”. Without either of these two elements, the defendant is not guilty, which can apply in the cases for Not Criminally Responsible offenders. When understanding the mind of an NCR offender, it is critical to grasp the Mens Rea within the crime because if a mental illness had prevented for the “guilty mind” to be present during the time of the crime, should it really be the mentally ill offender’s fault? Under Section 16 of the Criminal Code of Canada, an individual can only be considered as an NCR offender if either the mental disorder made it impossible for the offender to understand the morality of their actions and/or the offender could not understand the nature or quality of their actions (Legal Aid Ontario, n.d.). A judge can establish an NCR assessment whenever the defendant pleads guilty, however, this may vary from case to case (Legal Aid Ontario, n.d.). The NCR assessment is taken into account when proving the credibility of the mentally ill offender and whether or not their actions were intentionally towards a person when committing the crime (Mental Health Commission of Canada, 2013). Therefore, to be considered a NCR offender itself is a difficult argument to prove in court. In addition, the offences that a mentally disordered civilian has been presumed to commit must be proven to the court with the Mens Rea element present. According to a study by the Mental Health Commission of Canada (2013), most NCRMD individuals who have been accused of one of the violent offenses such as homicide, attempted murder, and sexual offences, have been diagnosed in the psychosis spectrum, being 37.8%, while 68.9% (113 individuals studied) had psychosis issues. About 21% have personality disorders, 23.6% with

Throughout the years, the United States criminal justice system has been constantly incarcerating individuals who endure from a severe mental illness. People who suffer from serious mental illness are doubtlessly to be discovered in prison. There is a significant amount of mentally ill offenders that are placed in the state and federal institutions. The mentally ill are overpopulating the prisons. The criminal justice system is a deficiency for those who can profit more from the help of mental health treatment center or psychiatric hospital by sending individuals to correctional facilities or prisons. Today’s jails and prisons are being labeled as the new mental health hospitals for the mentally ill offenders. Commonly in today’s society, it generally takes other individuals who are willing to educate and support the mentally ill person into becoming successful in life.

Mental Illness has been prevalent all throughout our history from Isaac Newton to Abraham Lincoln to Sylvia Plath and so on. These illnesses can be as minor as a slight bipolar disorder or as severe as schizophrenia. In recent years, mental illnesses are becoming more prevalent in our criminal justice systems than anywhere else. Mental illness is becoming an association with crime and based on the information that has been found, this paper will attempt to further define the problem of mental illness within our criminal justice system and offer alternatives or insights as to how to possibly help with this problem.

Filicide can be defined as the act of murdering one’s own child or children; acts of filicide are normally projected loudly in media. There are cases of filicide in which the defense of the accused, plead as not criminally responsible on account of mental disorder referred to as NCRMD. In order to submit the verdict of NCRMD, the criminal act must have been committed at a time in which the accused had already been previously diagnosed with a mental disorder; therefore, resulting in the prevention of understanding the act and its quality. Similarly, in the R. v. Schoenborn case, Schoenborn sought for defence of NCRMD while being charged with first-degree murder for his three children. He had been attempting to fix his relationship with his life partner but was rejected; thereafter, he brutally murdered their children in his partner’s trailer home in Merritt, British Columbia. He was found NCRMD in April 2008 and was held at the psychiatric hospital in Coquitlam, British Columbia. Recently, he has been granted day passes to be in the community outside of the psychiatric facility. There are many cases like this one, where different factors lead to the act of filicide. These factors associated to filicide may be situational, including separation, substance abuse and various others. There are numerous filicide cases in which NCRMD is included; therefore, making it evident that mental health is a significant risk factor. It is essential that one assesses what

Mental health and the criminal justice system have long been intertwined. Analyzing and understanding the links between these two subjects demands for a person to go in to depth in the fields of criminology, sociology, psychology, and psychiatry, because there are many points of view on whether or not a person’s criminal behavior is due to their mental health. Some believe that an unstable mental state of mind can highly influence a person’s decision of committing criminal actions. Others believe that mental health and crime are not related and that linking them together is a form of discrimination because it insinuates that those in our society that suffer from poor mental health are most likely to become a criminal due to their

This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.

Senator Creigh Deeds story is just one of many that end in tragedy because of a mental health system that has failed. While the major proportion of people living with mental illness are not violent, they can become a victim of violence. According to the latest statistics from the American Psychological Association one in five adults has a diagnosable mental disorder, one in twenty-four has a serious mental disorder (SMI), and people with mental illness are no more likely to be violent that people without mental illness (Association, American Psychiatric, 2016). Untreated mental health care is characteristic of the violent crimes that we see happening today. Some of the reasons behind these untreated individuals are the unmet needs of people not having a financial means to pay for services, lack of insurance, knowledge about how to access care, embarrassment about having the need for services, and those that needed care but experienced delays in accessing care (Jones et al., 2014).

I think it relates to the article of Witt (Discovery and Conquest). There are plenty of misconception about Islamic World in the Western world. We are invaded, conquered, and blamed, and I think history is not taking our side. We are known as people of the dark ages but in real Muslims brought civilization to the European world. Father of European world civilization was a Muslim named Averroes. I would really recommend reading about Islamic Golden Age and I am sure it will wipe all those misconceptions. Lack of knowledge and one-sided view of history has brought up these misconceptions. As a Muslim, I will never accept it. Frankly, I am not religious. It is just because I am known Muslim, and my family members are all Muslims. I want to stand

Valios(2006) begins her article by providing her readers with information about the large number of violent young offenders who are locked up in England, even though they have been diagnosed with a serious mental illness. She turns to the case of a young man named Robert Stewart, a violent racist who was serving time ina facility with an Asian teenager named ZahidMubarek. Valios(2006) summarizes a report that explains how Stewart killed Mubarek. She argues that there was plenty of evidence that Stewart was severely mentally ill, but that no psychiatric programs were available to treat his condition. As a result, Mubarekneedlessly died. Valios (2006) poses a good question: “How should we handle young people who are severely unwell but who have committed serious offenses?” (p. 31). She answers this question by advocating for better psychiatric evaluation and treatment of violent youth. Valios(2006) concludes her article by quoting from prison reformers and other experts who also want there to be separate facilities in England for violent offenders who are mentally ill and those who are serving time.

Scientific misconceptions are commonly held beliefs about science that has no basis in actual scientific fact. Consequently, scientific misconceptions are also based off of preconceived notions developed through religious and/or cultural influences. Researchers Isabelle, Millham and Cunha developed an interchangeable phrase for misconceptions called alternate conceptions, “conveying respect for learners’ prior knowledge and personal experiences,” (2014). As a result of the Next Generation Science Standards (NGSS) educators are starting to realize the value of misconception in relation to student’s building their own scientific knowledge. Student’s are able to increase their understanding of the world around them through exploration or “sense-making.” By sense-making educators are facilitating meaningful lessons that are dependent on student and authoritative ideas in a way that involves students into their own learning. Through this student are encouraged to “talk about their own thinking, compare ideas, to test these ideas, and to see if they can be used to explain natural events and processes,” (Campbell 2016). Educators and researchers are realizing that today’s students have been offered explanations about the world around them that is inconsistent with actual scientific fact. Due to this realization, we as educators are given a challenge. Misconceptions need to be eliminated and replaces with the correct scientific facts.