Dozois 5e Chapter19 TIF

Abnormal Psychology: Perspectives, 5e
Dozois
CHAPTER 19
Mental Disorder and the Law
Multiple Choice
1) Under the law, mental disorders have the following features EXCEPT
A) internal.
B) volitional.
C) not a reflection of situational or contextual factors.
D) involuntary.
E) stable.
Answer: B
Diff: 2 Type: MC Page Ref: 489
Skill: Conceptual
2) Given a legal definition of mental disorder, __________ would not normally be

considered a mental disorder.
A) schizophrenia
B) major depressive disorder
C) marijuana intoxication
D) mental retardation
E) dementia
Answer: C
Skill: Conceptual
3) Canada's Charter of Rights and Freedoms is unique in what respect?

A) it protects people with certain mental disorders rights and freedoms, but not others
B) it guarantees that people with mental disorders cannot be charged with a criminal
offence
C) it guarantees rights and freedoms to people who suffer from mental disorder
D) it gives some freedoms to people with mental disorders but takes away some rights
E) it allows for the discrimination of people with mental disorders under the law
Answer: C
Skill: Factual
4) In Canada, the issue of involuntary hospitalization is a matter of

A) common law.
B) consitutional law.
C) criminal law.
D) statutory law.
E) civil mental health law.
Copyright © 2013 Pearson Canada Inc.

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Answer: E
Skill: Conceptual
5) Which of the following protections for persons with mental disorder is NOT provided
by the Charter of Rights and Freedoms?
A) infringement of rights cannot be arbitrary or excessive
B) prohibits restricting mobility rights
C) prohibits discrimination that may stem from stereotypical attitudes
D) prohibits assuming risk of violence on the basis of mentally disordered status
E) requires such persons be afforded equal protection under the law
Answer: B
Skill: Factual
6) The decision as to whether a person is not criminally responsible on account of mental

disorder is one aspect of
A) criminal law.
B) statutory law.
C) civil mental health law.
D) constitutional law.
E) common law.
Answer: A
Skill: Factual
7) Which source of law guarantees that people suffering from mental disorder are treated
fairly and retain as many of their rights and freedoms as possible?
A) common law
B) statutory law
C) constitutional law
D) federal criminal law
E) Civil code of Canada (CCC)
Answer: C
Skill: Factual
8) The ancient common law principle parens patriae is recognized in all provinces
EXCEPT
A) Manitoba.
B) Ontario.
C) Quebec.

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D) British Columbia.
E) Prince Edward Island.
Answer: C
Skill: Factual
9) According to epidemiological research, about ___percent of Canadians will experience

a serious mental disorder at some point in their lives.
A) 30
B) 10
C) 20
D) 50
E) 75
Answer: C
Skill: Factual
10) In comparison to the Criminal Code of Canada, the Youth Criminal Justice Act
A) has a more punitive philosophy although the punishments are less severe.
B) has a more rehabilitative philosophy.
C) is based on research findings that young offenders learn well from negative
reinforcement.
D) is based on research findings that young offenders show behavior change in response
to brief and intense punishment.
E) includes specific recommendations for behavioral interventions.
Answer: B
Skill: Factual
11) Ken is a welder who lives in Toronto. Recently, he was diagnosed as being mentally
ill. Which specific criteria must be examined to determine whether he should be
involuntarily committed to a psychiatric hospital?
A) whether or not he will benefit from treatment
B) whether or not his mental illness is recognized by the DSM-TR-IV
C) whether or not his mental disorder will result in serious bodily harm to another person
D) whether or not he needs treatment; demonstrated danger need not be present
E) whether or not he will deteriorate mentally or physically if he is not held in hospital
Answer: C
Skill: Application
12) Civil commitment can only occur under all of the following circumstances EXCEPT

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A) a person is at risk of harming others.

B) a person has a mental disorder.
C) a person is unwilling or unable to consent to hospitalization.
D) a person is deemed in need of hospitalization by a family member.
E) a person is at risk of harming him/herself.
Answer: D
Skill: Conceptual
13) Laws regarding involuntary hospitalization

A) explicitly intend to be mildly punitive, for motivation and treatment purposes.
B) attempt to reduce the punitive aspects as much as possible.
C) assume some degree of moral culpability for risks that are posed to the community.
D) cannot be punitive and assume no moral culpability for risks posed.
E) vary, with only some jurisdictions retaining the old English punitive aspects.
Answer: D
Skill: Factual
14) Involuntary hospitalization requires:

A) risk of mental disorder ; inability to recognize risk ; disorder carries risk of harm
B) presence of mental disorder ; unwilling /unable to consent ; risk of harm to self /other
C) presence of mental disorder ; resistant to treatment ; risk of harm to self /other
D) grave risk of mental disorder ; unwilling or unable to consent ; risk of deterioration
E) risk of mental disorder ; unable /unwilling to consent ; risk of harm to self /other
Answer: B
Skill: Factual
15) People who are civilly committed to a psychiatric hospital

A) have specific rights prohibiting recommitment once released.
B) tend to have similar protection of their rights to those dealt with by criminal law.
C) lose their rights just as those convicted of criminal offences do.
D) serve a specific sentence.
E) lose some, but not all, of their rights, unlike those convicted of criminal offences.
Answer: C
Skill: Factual
16) The capable wishes principle holds that

A) a patient's personal wishes regarding treatment should be given partial weight in the
decision-making process.

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B) a patient's personal wishes regarding treatment should be given the greatest weight in
the decision-making process.
C) a patient's personal wishes regarding treatment should be given the greatest weight in
the decision-making process, regardless of the consequences.
D) a patient's personal wishes regarding treatment should be given minimal weight in the
decision-making process.
E) a treatment that maximizes the chances of a good outcome for the patient is chosen.
Answer: B
Skill: Conceptual
17) Comparisons of voluntary and involuntary admissions have found that the primary
diagnosis for most voluntary patients to be
A) anxiety disorder.
B) dissociative disorder.
C) mood disorder.
D) personality disorder.
E) psychotic disorder.
Answer: C
Skill: Factual
18) Comparisons of voluntary and involuntary admissions have found that the primary
diagnosis for most involuntary patients to be
A) dissociative disorder.
B) personality disorder.
C) psychotic disorder.
D) mood disorder.
E) anxiety disorder.
Answer: C
Skill: Factual
19) Temporary substitute decision makers (TSDMs) for persons committed and deemed
incapable of making decisions about treatment are
A) Public Trustees appointed by the state.
B) chosen by the family, by procedures that are specific to jurisdictions.
C) appointed by the person when they are healthy.
D) selected by methods specific to jurisdictions, but such persons are chosen by the
individual, family, or appointed by the state.
E) are selected by methods specific to jurisdictions, but are always comprised of
committees selected by court or tribunal.

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Answer: D
Skill: Factual
20) In a study comparing patients who had applied for a review of their involuntary
hospitalization and those who did not found that those who applied were
A) more likely to be older.
B) more likely to have a diagnosis of mental retardation.
C) more likely to have fewer education and employment problems.
D) more likely to have a diagnosis of schizophrenic disorder.
E) more likely to be female.
Answer: D
Skill: Factual
21) Grant and his colleagues reported that of 279 psychiatric patients in British Columbia
A) the average age was about 54 years.
B) 68 percent of the patients had a history of suicidal behaviour prior to hospitalization.
C) almost all patients had prior arrests for violent offences (well above 3/4 of the
sample).
D) close to the entire sample was employed prior to admission.
E) 20 percent had a primary diagnosis of a psychotic disorder.
Answer: B
Skill: Factual
22) Which of the following most closely approximates the “typical” Review Panel
Applicant as identified by research conducted in British Columbia? (Gray, et al., 1985)
A) a male over 30 years of age, educated with few problems with work
B) a male under 30 years of age, uneducated, unskilled, presence of memory deficits
C) a male under 30 years of age, problems with work, school and parents, presence of
mental retardation and epilepsy
D) a male under 30 years of age, transferred from another institution, problems with
alcohol abuse, schizophrenic tendencies
E) a male under 30 years of age, uneducated, unskilled, presence of mental retardation
Answer: D
Skill: Factual
23) Identify the untrue statement.

A) Most people who commit crimes are likely to have mental disorders.
B) Higher prevalence rates of mental illness in inmates have been obtained when samples
have consisted only of those inmates referred by jail staff for mental health evaluations.

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C) Most people with mental disorders are likely to commit crimes.

D) The prevalence of mental illness among offenders has generally been found to be
higher than for people in the general population.
E) Specific rates of mental illness reported for jail inmates vary considerably among
studies.
Answer: C
Skill: Factual
24) Follow-up research examining the community adjustment of patients released from
involuntary hospitalization found that __________ percent were readmitted within a year.
A) 45
B) 60
C) 10
D) 25
E) 75
Answer: A
Skill: Factual
25) The discretionary approach to violence risk assessment is __________, whereas the
nondiscretionary approach is __________.
A) actuarial; clinical
B) flexible and idiographic ; objective and consistent
C) mechanistic ; informal
D) objective and consistent ; intuitive and flexible
E) algorithmic; heuristic
Answer: B
Skill: Conceptual
26) Recent changes to criminal justice policy – sometimes referred to as “tough on

crime” policies,
A) have caused incarceration rates to rise, and then decline to the point where mental
health services are now under-utilized.
B) have caused incarceration rates to decline, resulting in under-utilization of correctional
and mental health services.
C) have caused incarceration rates to rise, resulting in the number of mentally ill
offenders exceeding current capacity.
D) have not yet been implemented, but will further strain correctional mental health
resources that are already overwhelmed.
E) have not yet been implemented, but are expected to result in a lessening of demand for
mental health services in correctional institutions.

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Answer: D
Skill: Factual
27) Historical factors in the HCR-20 include all of the following EXCEPT
A) previous violence.
B) early maladjustment.
C) relationship stability.
D) stress.
E) prior supervision failure.
Answer: D
Skill: Factual
28) Clinical factors in the HCR-20 include all of the following EXCEPT
A) employment problems.
B) lack of insight.
C) impulsivity.
D) active symptoms of major mental illness.
E) negative attitudes.
Answer: A
Skill: Factual
29) The HCR-20

A) is nondiscretionary with regard to institutional, but not community violence.
B) is a discretionary instrument, although it provides structured professional guidelines
and codes risk factors that are based on empirical research.
C) is a nondiscretionary instrument because it provides a predictive score, though it does
allow for clinical judgment with regard to some items.
D) is primarily used to develop treatment or management plans and has not fared well in
studies of predictive validity.
E) has been replaced with discretionary instruments that have greater inter-rater
reliability.
Answer: B
Skill: Factual / conceptual
30) Section 16 of Canada's criminal code recognizes that mental disorder may negate the
principal of
A) actus reus.
B) self-defence.

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C) mens rea.
D) insanity.
E) good intention.
Answer: C
Skill: Conceptual
31) The M'Naghten standard resulted from the fact that

A) M'Naghten's crime was the result of his delusions.
B) M'Naghten accidentally committed murder.
C) M'Naghten tried unsuccessfully to argue that his crime was the result of his delusions.
D) M'Naghten knowingly committed murder.
E) M'Naghten's crime was not the results of his delusions.
Answer: A
Skill: Factual
32) Ken is charged with first degree murder. He fully comprehends and remembers what
he has done, yet shows no remorse and is unable to accept moral responsibility for his
actions. Ken should
A) be given a normal trial.
B) be found not criminally responsible on account of a mental disorder (NCRMD).
C) be declared unfit to stand trial.
D) be denied the capacity to participate in his legal procedure.
E) be automatically sent for psychiatric treatment in a hospital.
Answer: A
Skill: Application
33) All of the following believed in exculpating mentally ill people EXCEPT
A) Judaic law.
B) English law.
C) Egyptian law.
D) Roman law.
E) Muslim law.
Answer: C
Skill: Factual
34) The Hadfield case (Rex v. Hadfield, 1820)

A) preceded the passing of the Criminal Lunatics Act.
B) led to the Unfit to Stand Trial (UST) act.

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C) marked the end of the “not guilty by reason of insanity” (NGRI) verdict.
D) defined a standard of insanity known as the M'Naghten standard.
E) led to a guilty verdict.
Answer: A
Skill: Application
35) Legal arguments concerning mental disorder tend to focus on

A) the suffering caused by the accused person.
B) whether the mental disorder causes cognitive impairment.
C) the severity of the mental illness.
D) the criminal act.
E) whether the mental disorder is real or valid.
Answer: B
Skill: Conceptual
36) The insanity defense remained unchanged for almost a century. When bill C-30 was
passed, changing the legislation governing mentally disordered offenders, which of the
following changes was implemented?
A) All mental disorders recognized in the DSM-IV-TR were recognized in the legal
system.
B) The APA provided the legal system with a definition of insanity.
C) The name of the defence was changed from “not guilty by reason of insanity” (NGRI)
to “not criminally responsible on account of a mental disorder” (NCRMD).
D) The word “wrong” was abandoned because of its controversial nature.
E) The content in section 16 of the Criminal Code was modified.
Answer: C
Skill: Factual
37) Robert has assaulted a neighbor. Even though he understands the act itself, he is
declared, according to the M'Naghten standard, to be insane. Which of the following
would most effectively help us judge the accuracy of this claim?
A) Robert is unable to give a detailed account of his actions at the time of the offense.
B) Robert had been heavily intoxicated at the time of the offense.
C) Robert had a long history of mental illness during his childhood.
D) It has been determined that at the time of his offense, Robert was suffering from a
defect of the mind.
E) Robert is unable to understand that the act is wrong.
Answer: E

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Skill: Factual
38) People who are unable to participate actively in their own defence due to mental
disorder are
A) often referred to a substitute decision-maker who decides what the plea will be.
B) automatically declared guilty and sentenced.
C) referred to as unfit to stand trial.
D) referred to as not criminally responsible on account of mental disorder.
E) automatically declared not guilty and acquitted.
Answer: C
Skill: Factual
39) In R. v. Chaulk (1990) the Court decided that

A) the word “wrong” should be interpreted to include morally wrong only if the accused
does not suffer from a personality disorder.
B) the word “wrong” should be interpreted to include morally wrong.
C) the word “wrong” means wrong according to law and not morally wrong.
D) changes be made to Bill C-30 relating to who can raise the defence of insanity.
E) Bill C-30 was unconstitutional.
Answer: B
Skill: Factual
40) To be considered fit to stand trial, a defendant must

A) must have moderate cognitive capacity.
B) must have limited cognitive capacity.
C) must have an IQ of at least 90.
D) must have an IQ of at least 70.
E) must have full cognitive capacity.
Answer: B
Skill: Factual
41) The concepts “fit to stand trial” and “not criminally responsible on account of a
mental disorder (NCRMD)”
A) both require the examiner to determine the accused's present mental state.
B) are unrelated issues.
C) are distinct and call for different questions to be answered.
D) both require an examiner to determine the accused's mental state at the time of the
offence.
E) mean the same thing.

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Answer: C
Skill: Factual
42) Which of the following is true?

A) In determining whether an individual is fit to stand trial, a person need not understand
the possible consequences of the proceedings.
B) It has generally been easy to determine the degree of capacity required for fitness for
an individual charged with an offence.
C) In R v. Taylor (1992), the Court stipulated that, when communicating with counsel,
the accused must have the ability to act in his or her own best interest.
D) The party who raises the issue of an accused's fitness, does not have the burden of
proving the issue of unfitness.
E) In determining whether an individual is fit to stand trial, his or her ability to
communicate with counsel must be evaluated.
Answer: E
Skill: Factual
43) The Fitness Interview Test (FIT-R)

A) identifies whether a person committed an act intentionally or not.
B) helps determine what mental disorder a person is suffering from, according to the law.
C) was of key use in the Owen Swain case.
D) is only used with the most violent offenders.
E) helps psychologists and psychiatrists assess whether an individual is fit to stand trial.
Answer: E
Skill: Factual
44) Persons deemed Unfit to stand trial are specifically, on account of mental disorder,
unable to do each of the following EXCEPT
A) understand the nature of the proceeding.
B) clearly relate the important facts about their offence to a judge.
C) understand the possible consequences of the proceeding.
D) communicate with counsel.
E) understand the object of the proceeding.
Answer: B
Skill: Factual
45) Which of the following is true regarding NCRMD?

A) Of those claiming to be NCRMD, most are found to be NCRMD.
B) Of those claiming to be UST, most are found to be UST.

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C) Very few people charged with criminal offences claim to be NCRMD.

D) A large number of people charged with criminal offences claim to be NCRMD.
E) A large number of people charged with criminal offences claim to be UST.
Answer: C
Skill: Factual
46) The four fundamental principles for psychologists in Canada include all of the
following EXCEPT
A) integrity in relationships.
B) respect for culture.
C) responsible caring.
D) responsibility to society.
E) respect for the dignity of persons.
Answer: B
Skill: Factual
47) The five general ethical principles stated in the Code of Ethics include all of the
following EXCEPT
A) principle of beneficence.
B) principle of autonomy.
C) principle of fidelity.
D) principle of science.
E) principle of nonmaleficence.
Answer: D
Skill: Factual
48) Respect for self-determination is the principle of

A) beneficence.
B) justice.
C) nonmaleficence.
D) autonomy.
E) fidelity.
Answer: D
Skill: Factual
49) What is true regarding the four fundamental principles in the Code of Ethics?
A) All four of the principles are considered equally important.
B) Principle III is considered the most important of all four principles.

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C) The principles are ranked from most important to least important.

D) It is up to the psychologist to determine which principles is important for him/her.
E) The principles are ranked from least important to most important.
Answer: C
Skill: Conceptual
50) Three important themes in the Specialty Guidelines for Forensic Psychology are:
A) advocating effectively for one’s client ; establishing, maintaining and practicing
within one’s area of competence ; obtaining knowledge of the law
B) objectivity and neutrality ; precision in diagnostic competence ; obtaining knowledge
of the law
C) objectivity and neutrality ; precision in formulating clients’ mental state; obtaining
knowledge of the law
D) objectivity and neutrality ; expanding the practice of forensic psychology ; building
one’s knowledge of the law
E) objectivity and neutrality ; establishing, maintaining and practicing within one’s area
of competence ; obtaining knowledge of the law
Answer: E
Diff: 2 Type: MC Page Ref: 504-505
Skill: Conceptual
51) Which of the following professionals is not qualified to determine whether a person
meets the criteria for civil commitment into a psychiatric hospital?
A) psychologist
B) anaesthesiologist
C) psychiatrist
D) dermatologist
E) physician
Answer: A
Skill: Factual
52) Which of the following concerning the status of psychology in the legal system is
true?
A) psychologists can conduct court-ordered assessments of fitness to stand trial but not
criminal responsibility.
B) psychologists can conduct court-ordered assessments of criminal responsibility but not
fitness to stand trial.
C) in some jurisdictions psychologists have the legal authority to involuntarily hospitalize
people.
D) medical practitioners play a more dominant role in many areas in which mental health
input is needed.

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E) psychologists are rarely, if ever, asked to give evidence before courts as professionals.
Answer: D
Skill: Factual
53) The case of R. v. F. D. M. is important because

A) it raised doubts about the ability of psychologists to diagnose mental disorders.
B) it raised doubts about the ability of either psychologists or psychiatrists to diagnose
mental disorders.
C) it raised doubts about the validity of the psychoses diagnoses.
D) it raised doubts about the ability of psychiatrists to diagnose mental disorders.
E) it raised doubts about the validity of the schizophrenia diagnoses.
Answer: A
Skill: Factual
True / False
54) The legal system relies upon psychologists to define the legal concept of mental
disorder.
A) True
B) False
Answer: B
Diff: 1 Type: TF Page Ref: 489
Skill: Factual
55) Psychiatrists, but not psychologists, are able to determine when a person has a mental
disorder that satisfies the NCRMD criteria.
A) True
B) False
Answer: B
Skill: Factual
56) Mental health professionals are viewed as consultants to judges, juries and review
boards.
A) True
B) False
Answer: A
Skill: Factual

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57) The rights and freedoms of persons with mental disorders are protected under the
Statutory Law.
A) True
B) False
Answer: B
Skill: Factual
58) In common law, the King (or Queen) was not obligated to protect and provide care
for those who were incapable of caring for themselves.
A) True
B) False
Answer: B
Skill: Factual
59) The rights and freedoms of individuals with a mental disorder are protected by The
Charter of Rights and Freedoms.
A) True
B) False
Answer: A
Skill: Factual
60) With regard to involuntary hospitalization, all jurisdictions require that there be risk
of harm to self or others; some jurisdictions allow risk of deterioration in health to satisfy
the risk of harm criterion.
A) True
B) False
Answer: A
Skill: Factual
61) The capable wishes principle does not grant any weight to a patient’s personal wishes
even if they were competent at the time that they were expressed.
A) True
B) False
Answer: B
Skill: Factual

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62) Although the standard of insanity known as the M'Naghten standard became the
accepted rule in England, in the United States and Canada it could not be labelled as a
true cognitive test of insanity.
A) True
B) False
Answer: B
Skill: Factual
63) Legal arguments tend to focus on whether a person’s mental disorder is valid
according to the law.
A) True
B) False
Answer: B
Skill: Factual
64) Conditional discharge and detention in hospital are the two disposition options
available to individuals found “not criminally responsible of a mental disorder”
(NCRMD).
A) True
B) False
Answer: B
Skill: Factual
65) Forensic psychologists are judged according to a higher standard of practice.

A) True
B) False
Answer: A
Skill: Factual
66) The Canadian Criminal Code allows for general practitioners to make judgments in a
court of law regarding a defendant’s sanity.
A) True
B) False
Answer: A
Skill: Factual

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Essay Questions
67) Although Canadian involuntary civil commitment criteria vary from province to
province, similar elements do exist. List these and indicate how involuntary civil
commitment in Canada differs from the conviction for a criminal offence.
Answer: Although legislation differs across provinces, involuntary civil commitment

criteria have many similar elements across the country. First, an individual must be found
to be mentally ill. Second, usually there must be a risk of “harm” or “danger” to the
mentally ill person or to others. This assessment of an individual's risk can be determined
using a “strict definition of danger” (i.e. Yukon, Alberta, North West Territories,
Manitoba and Ontario). Here a person will likely be committed if his or her mental
disorder likely will result in serious bodily harm to another person. Other provinces have
a broader definition of danger. Here, for example individuals may be committed even
without demonstrated danger if they need treatment, or if they will deteriorate mentally or
physically if they are not held in hospital.
Unlike criminal law (i.e. federally controlled), mental health acts are legislated by the
provinces. People who are civilly committed lose their rights just as those convicted of
criminal offences do. Civil commitment differs, however, in that its primary goal is to
protect the individual patient. Involuntary hospitalized patients tend to have less
protection of their rights than those dealt with by criminal law. Also, criminal acts are
specifically defined whereas the terms relevant to civil commitment tend to be vague
(e.g., “need for treatment”). Finally convicted felons face specific sentences, whereas
civilly committed individuals face indeterminate sentences.
Diff: 2 Type: TF Page Ref: 491-492
Skill: Conceptual
68) Describe the “typical” patient who is released by a review panel and discuss available
research pertaining to the rate at which he/she faces rehospitalization.
Answer: The “typical” patient released by a Review Panel was represented at the hearing
by a lawyer, was unmarried, and was likely to have been deemed capable under the
Patients' Estate Act. He/she had typically spent less time in hospital, and had been out of
hospital longer since the last admission than patients who were not released by the panel.
Patients who were released were also more likely to be on a waiting list for a boarding
home, and were judged by their attending psychiatrist as being less dangerous to self than
those who were not released. Finally, released patients typically had a history of drug
abuse, but were judged as having less psychopathology than those patients who were not
released.
Although they are few in number, rehospitalization studies have produced variable
results, partly due to the difference in the follow-up periods. Goering and Wasylenski
(1980) followed 747 psychiatric patients discharged from a psychiatric hospital in
Toronto. Patients were interviewed one month, three months, and two years after
discharge. Discharged patients fared poorly; both social isolation and inadequate income
persisted throughout the two-year follow-up period.

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Ledwidge et al. (1987), conducted a two-year follow-up study in British Columbia of 94

patients released by review panels or by an attending physician. There was no significant
difference between the two groups. Forty-five percent were readmitted within one year,
which is similar to rates reported by other researchers (e.g., Mortensen & Eaton, 1994).
Two years after discharge, about 18% were in hospital (Ledwidge et al., 1987).
Diff: 2 Type: ES Page Ref: 495-496
Skill: Factual
69) Describe the evolution of the insanity defence.
Answer: James Hadfield was charged with high treason in the attempted murder of King
George III. He pleaded insanity and was acquitted. This case led to implementation of the
“not guilty by reason of insanity” defence and the passing of the Criminal Lunatics Act of
1800 which stated that people acquitted by reason of insanity could be confined to a
mental hospital for an indeterminate period.
Daniel M'Naghten's attempted murder of the Prime Minister of England, Sir Robert Peel
also had an influence on the insanity defence. The M'Naghten standard, comprised of
three elements, became the rule in England, the United States and Canada. First, the
accused must be suffering from a defect of the mind (i.e., a mental disorder); second, the
accused must not have known the “nature or quality of the act he was doing,” or third, the
accused must not have known that “what he was doing was wrong”. The current language
of section 16 of the Criminal Code permits a finding of what is currently called “not
criminally responsible on account of mental disorder (NCRMD), which dates back to the
1800s. The M’Naghten standard has also formed the basis for the insanity provisions of
the criminal codes in most common law jusrisdictions around the world, including the
United States.
Skill: Factual
70) Why are certain individuals found unfit to stand trial? Which means are available to
make this assessment in Canada?
Answer: An accused is presumed fit to stand trial unless the court is satisfied on a balance
of probabilities that the accused is unfit. The law is specifically concerned that mentally
ill people may not be “fit” or competent to participate in the criminal justice system.
Without this capacity, an individual may lack the necessary competencies that are called
into question during a trial (i.e., competence to understand their Charter cautions,
competence to confess, fitness to stand trial, and competence to be sentenced). In order to
have this assessed, an examiner will assess the accused's present mental condition and
determine whether it interferes with his or her ability to perform the aforementioned legal
tasks related to the trial process (outlined in section 2 of the Criminal Code).
It has always been difficult to determine an accused's capacity for fitness. In 1992, the
Criminal Code (Section 2) defined the standard to be applied:
“Unfit to stand trial” means unable on account of a mental disorder to conduct a defence
at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so,
and, in particular, unable on account of a mental disorder to:

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(a) understand the nature or object of the proceedings,

(b) understand the possible consequences of the proceedings,
or (c) communicate with counsel.
For an accused to be found unfit, he or she must first have a mental disorder. This must
hinder his or her ability to communicate with counsel. In R v. Taylor (1992) the Ontario
Court of Appeal held that the relevant test is on of “limited cognitive capacity”: the
accused need only have the ability to recount the facts so that the lawyer can properly
present the case. Roesch, Zapf, Webster and Eaves (1998), have published the Fitness
Interview Test (FIT) which aids mental health professionals in assessing whether an
accused is fit to stand trial.
Skill: Conceptual
71) What are the important elements of the legal definition of mental disorder?
Answer: cognitive or volitional impairment, must be internal, stable, and involuntary.

Diff: 2 Type: ES Page Ref: 489
Skill: Factual
72) What are the two requirements for conviction of an offence in Canada? Use and
define the legal terms. What are the two ways that mens rea can be affected by
psychological concepts?
Answer: Conviction requires both of: actus reus (commission of a prohibited act) and
mens rea (a guilty or bad intention). Mens rea can be negated in cases of self-defense,
where it can be shown that the individual believed his attacker was trying to cause
grievous bodily harm or trying to kill them. Mens rea can also be diminished or absent in
cases where the individual has a mental disorder, or cognitive / volitional impairment.
Skill: Factual
73) What specific type of mental disorder can result in a person being acquitted, or
NCRMD?
Answer: Under Section 16, it must be a mental disorder that rendered the person
incapable of appreciating the nature and quality of the act or omission or knowing that it
was wrong.
Skill: Factual

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Abnormal Psychology: Perspectives, 5e

2) Given a legal definition of mental disorder, __________ would not normally be

3) Canada's Charter of Rights and Freedoms is unique in what respect?

4) In Canada, the issue of involuntary hospitalization is a matter of

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6) The decision as to whether a person is not criminally responsible on account of mental

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9) According to epidemiological research, about ___percent of Canadians will experience

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A) a person is at risk of harming others.

13) Laws regarding involuntary hospitalization

14) Involuntary hospitalization requires:

15) People who are civilly committed to a psychiatric hospital

16) The capable wishes principle holds that

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Copyright © 2013 Pearson Canada Inc.

23) Identify the untrue statement.

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C) Most people with mental disorders are likely to commit crimes.

26) Recent changes to criminal justice policy – sometimes referred to as “tough on

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29) The HCR-20

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31) The M'Naghten standard resulted from the fact that

34) The Hadfield case (Rex v. Hadfield, 1820)

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35) Legal arguments concerning mental disorder tend to focus on

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39) In R. v. Chaulk (1990) the Court decided that

40) To be considered fit to stand trial, a defendant must

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42) Which of the following is true?

43) The Fitness Interview Test (FIT-R)

45) Which of the following is true regarding NCRMD?

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C) Very few people charged with criminal offences claim to be NCRMD.

48) Respect for self-determination is the principle of

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C) The principles are ranked from most important to least important.

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53) The case of R. v. F. D. M. is important because

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65) Forensic psychologists are judged according to a higher standard of practice.

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Answer: Although legislation differs across provinces, involuntary civil commitment

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Ledwidge et al. (1987), conducted a two-year follow-up study in British Columbia of 94

69) Describe the evolution of the insanity defence.

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(a) understand the nature or object of the proceedings,

Answer: cognitive or volitional impairment, must be internal, stable, and involuntary.

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