ipl-logo

Ayla Case Law Essay

1864 Words8 Pages

Ayla’s conduct was ultimately influenced by her mental instability and is subject to the law of section 2 of the Criminal Code of Canada [hereinafter, Code], the fitness to stand trial, and 16(1), which is the defence of mental disorder. Though these two laws may appear to be similar with one another as they handle offenders with mental disorders, they have distinct features and case laws which sets them apart, providing crucial elements for fairness of trial regarding those who are Not Criminally Responsible on Account of Mental Disorder (NCRMD). At the end of the trial, Ayla’s disposition will be determined if she is found to be NCRMD by the Crown.
Before one can plead for NCRMD, one must undergo the test for fitness to stand trial. This test differs from the definition of mental disorder in section 16(1) of the Code, since the test “is predicated on the existence of a mental disorder and focuses on the ability to instruct counsel and conduct a defence” (R v Whittle, 1994). Additionally, the …show more content…

Before the court can evaluate the specific details of this section, they must first re-define what a mental disorder is based on case laws. There are three crucial cases which contributed in shaping the definition of a mental disorder: Cooper v. R., R. v. Bouchard-Lebrun, and R. v. Stone cases.
In Cooper v. R. (1980), Justice Dickson defines disease of the mind— also known as mental disorder— as the following:
...“[D]isease of the mind” embraces any illness, disorder or abnormal condition which impairs the human mind and its functioning… [where of] such intensity as to render the accused incapable of appreciating the nature and quality of the violent act or of knowing that it is

Show More
Related
395 Words | 2 Pages

On October 1, 2003, Dawna Cantrell was arrested and charged with the murder of her husband and two counts of tampering with evidence. Ms. Cantrell’s competency was questioned after evaluation by the defense expert, Dr. Eric Westfried. After subsequent evaluation by the state’s expert, Dr. Edward Siegel, both experts found that Ms. Cantrell had a “persecutory delusional disorder” and that her mental illness precluded her from assisting her attorney in her defense. The trial court found her incompetent to stand trial and ordered a dangerousness evaluation.

Read More
1344 Words | 6 Pages

There is also an inclination to believe that if he had not suffered from this state, then the offence would not have been committed, specially not in the barbaric way it was done. Thus, it cannot be concluded that the accused willfully preformed the act, nor that the mens rea and the actus reus coincided while he was not in a psychotic state. (Roach, 113) Related to this finding is another element that supports the verdict of the Honorable Judge, which is the Principle of Fundamental Justice that states that no one should be “punished for morally involuntary actions.” (Roach, 82) A person who successfully raises the mental disorder defence is considered to be morally innocent of the act because they were not acting freely, in this case, free from psychotic ideations.

Read More
2128 Words | 9 Pages

The case, regarding Vince Li, forever fundamentally changed mental health discussions in Canada. Vince Li, a mentally ill person experienced a psychotic episode. Li brutally murdered an innocent man and was deemed NCR. Recently, Li has been placed under consideration for more freedoms. This paper will discuss how the media responded, if Li should be released, and why Li differs from a normal criminal.

Read More
1019 Words | 5 Pages

Conferring to Anderson, & Hewitt, (2002), “individuals who show clinically significant improvement in general psychopathology are more likely to be perceived as restored to competency.” However, 50% of people who are diagnosed with mental retardation or acquired cognitive deficits are not restored; such mental disorders render the suspect irresponsive to the required court

Read More
737 Words | 3 Pages

Have you if wonder how much freedom do you really have as a person, What if I told you that someone could in this age and day could be pick up by the law enforcement and taken to a mentally hospital and involuntary confined against your will, well on October and November of 1971, it really happened to Alberta Lessard under the Wisconsin State Mental Health Act, Wis.Stat. § 51.001 et seq. Terms will be used such as Civil Commitment, involuntary hospitalization Parens Partriae and Police Power, understand these terms will help you to understand your rights. On October 29, 1971 James D. Mejchar and Jack Schneider who are police officers with Wisconsin police Department pick up Alberta Lessard in front of her home in West Allis Wisconsin where

Read More
394 Words | 2 Pages

The judge investigating Kim’s case requested a Forensic Mental Health Assessment (FMHA) be conducted (de Ruiter & Kaser-Boyd, 2015). The FMHA conducted consisted of forensic assessment instruments such as a standardized psychometric test of adult personality and psychopathology, the Minnesota Multiphasic Personality Inventory-2 (MMPI-2). Also used was the Structured Interview of Reported Symptoms (SIRS) and the Structured Interview for DSM-IV Personality (de Ruiter & Kaser-Boyd, 2015). The MMPI-2 was used in this case to assess Kim’s personality traits and psychopathology. The SIRS was conducted to assess malingering of mental disorders and related response styles.

Read More
619 Words | 3 Pages

An individual can be deemed unfit to stand trail if they suffer from a mental illness. According to the criminal code, section 672.22 “An accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial” (Criminal Code, 1985). As the judge of the case of Laeddis V. Crown I have found the accused Andrew Laeddis is unfit to stand trail due to a mental illness and is not able to understand the severity of his actions. Andrew Laeddis suffers from many different illnesses, but the most common ones mentioned throughout this case are a delusional disorder and his paranoid schizophrenia.

Read More
1545 Words | 7 Pages

Katherine Jaros Dr. Ann Burgess FORS5317.01 4/19/2023 Understanding Andrea Yates: Mental Health and its Relationship to Violent Crime INTRODUCTION Mental health in criminal offenders is a highly complex and controversial issue that plays a critical role in determining how we understand and evaluate violent crimes. A significant number of offenders who commit violent crimes have some form of mental illness or disorder, which drives interest in studying such cases. Furthermore, during the legal process, there are always two sides that approach mental health in criminals and put it in consideration differently as they argue for opposite outcomes in the courtroom. Defense lawyers seek to emphasize the role that the illness or disorder

Read More
391 Words | 2 Pages

The Rogers Criminal Responsibility Assessment Scale (R-CRAS) measures the individual’s cognitive impairment at the time of the alleged offense. The R-CRAS provides proven data applicable to the M’Naghten insanity and the Michigan standard. The R-CRAS decision process combines an appraisal of general diagnostic categories with an assessment of cognitive and behavioral abilities at the time of the offense. The American Law Institute (ALI) insanity standard that requires an assessment of a defendant’s cognitive impairment is designed to be used in insanity evaluating which requires an assessment of a defendants’ cognitive impairment at the specified time of the suspected wrongdoing and to extract a proficient judgement with respect to that permissible

Read More
1094 Words | 5 Pages

On the evening of August 14th, 2022, a gruesome crime occurred in a quiet neighborhood in Louisville, Kentucky. The victim, identified as 36-year-old Jennifer Smith, was found dead in her home by a neighbor who had grown concerned after not seeing her for several days. The police were called immediately, and upon arriving at the scene, they discovered that Ms. Smith had been brutally murdered. The investigation into Ms. Smith's murder quickly revealed that she had been a victim of domestic violence.

Read More
1677 Words | 7 Pages

In “The Brain on Trial”, David Eagleman claims that the justice system needs to change its sentencing policies due to the discoveries of neurobiological diseases that cause their sufferers to behave in socially unacceptable ways and/or commit crimes. Eagleman uses a variety of rhetorical strategies to present his viewpoint. The most important one is his appeal to logic. By using mostly examples, along with direct address to the readers, Eagleman is able to argue that the legal system has to modify its sentencing policies to take into account the advances made in neuroscience due to the increase in the amount of accused and/or convicted people who have been found to have harbored some kind of brain disease or damage. Eagleman

Read More
1035 Words | 5 Pages

"The median amount of time taken to complete adult NCRMD cases was 132 days, which is 17% longer than the 113 days taken for non-NCRMD criminal court cases." (Miladinovic, Z., & Lukassen, J., 2015, February 25) This data demonstrates that those in charge of the case must know the case in order to set a just trial. "The verdict of not criminally responsible on account of mental disorder (NCRMD) is a final decision reached when a judge or jury finds that an accused was suffering from a mental disorder while committing the criminal act and as a result is exempt from criminal responsibility (Criminal Code, R.S.C. 1985, s.672.34). An individual found NCRMD is neither acquitted nor found guilty (Latimer and Lawrence 2006); the court or Review Board may make one of three dispositions: absolute discharge, conditional discharge, or detention in a hospital (Criminal Code, R.S.C. 1985, s.672.54)."

Read More
437 Words | 2 Pages

2014, https://www.psychologytoday.com/blog/so-sue-me/201411/the-difference-between-competency-and-sanity.). The judge also looks at the person’s mental state at the time of the crime. The main difference between competency to stand trial and insanity at the time of the event is that the competency can look at mental and physical health, while the insanity at the time of the event only looks at one’s mental state. The steps required in an insanity plea in the courts are: The M’Naghten rule, which “determines if the defendant understood what they did and could not distinguish right from wrong” (“Insanity Defense - FindLaw.” http://criminal.findlaw.com/criminal-procedure/insanity-defense.html.), The Irresistible Impulse Test, which “tests a defendant’s impulse control” (“Insanity Defense - FindLaw.” http://criminal.findlaw.com/criminal-procedure/insanity-defense.html.), the Durham Rule, which “looks at the defendant’s mental defect as the cause of a criminal act” (“Insanity Defense - FindLaw.”

Read More
363 Words | 2 Pages

Let analyze the Lacey Jefferson case in term of the concept of mental models, communication failure, and the Psychological contract. According to our textbook: “Mental models form schemas, frameworks that determine how we view the world. They are our interpretations and understanding of events, people, concepts, etc. based on our past experiences and what we have learned.

Read More
1521 Words | 7 Pages

However, the case of R v Hardie is contradictory to the precedent set by Elliot and Coles as the mental state of the defendant was indeed considered when delivering the

Read More

More about Ayla Case Law Essay

Related Topics

Open Document