Index

• Pages: 1386-1422

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Acute stress disorder

mental disorder defence, 289

Addiction. See also Impulse control disorders

alcohol or drugs. See Substance abuse

gambling. See Pathological gambling

Internet addiction, 833

sexual addiction, 834–35

shopping addiction, 833

ADHD. See Attention decit/hyper-activity disorder

Adolescent sex oenders, 955–76. See also Sex

oenders; Young oenders

assessment, 964–66

interview, 964

phallometric testing, 965–66

preliminary cautions, 964

psychological testing, 966

recidivism risk, 966

sexually abusive behaviour, 964–65

sources of information, 964

description of oenders, 960–63

background variables, 961–62

forensic considerations, 960–61

paraphilia role, 962–63

deviant sexual behaviour, 955–56

future directions, 970

prevalence and criminal justice involvement, 958–59

dispositions following guilty verdicts, 959

rates of arrest, 958, 959

sexual abuse of younger children, 956–57

sexual crime, 957–58

treatment, 966–70

goals, 967

models, 967–70

cognitive-behavioural model, 968–69

group therapy, 967–68

individual psychosocial therapy, 970

multisystemic therapy, 969

pharmacological intervention, 969

Aggression. See Violence and aggression

Alcohol intoxication. See Intoxication or withdrawal

Amnesia. See also Automatism

alcohol induced, 306–8

causal mechanism, 310

functional amnesia, 310

organic amnesia, 310

suppression and malingering, 310

criminal responsibility and, 291

tness to stand trial, 222–23

malingering, 310, 374

temporal arrangement, 310–11

alcohol-induced amnesia, 307–8

anterograde amnesia, 310–11

retrograde amnesia, 310

type of presentation, 309

Antisocial personality disorder, 407–45. See also

Psychopathy

overview, 407–8, 414–15

psychopathy and, 414–15

sex oenders and, 769–70

treatment, 432

Arson. See also Pyromania

sentencing, 57, 709

Assessments

forensic. See Psycholegal assessments

mental capacity. See Capacity

psychological. See Psychological assessments

reports. See Medico-legal reports

risk. See Risk assessments

therapeutic. See erapeutic assessments

index

Index 

Attention decit/hyper-activity disorder, 456–60

aected neuroanatomy, 457

aected neurotransmitter systems, 457–58

aggression and, 457, 862

criminal responsibility, 459

conduct disordered youth and, 941

diagnostic criteria, 456

tness to stand trial, 459

future research, 459–60

impact on daily behaviour, 456–57

risk of recidivism, 459

specialized assessment techniques, 458, 459

treatment, 458–59

Autism spectrum disorder, 451–56

aected neuroanatomy, 453

aected neurotransmitter systems, 454

aggression and, 454–55

criminal responsibility, 455

diagnostic criteria, 451–52

future research, 456

genetics, 453–54

impact on daily behaviour, 452

neuropsychological assessment, 452

pharmacotherapy, 454

Automatism, 297–318. See also Amnesia

clinico-legal considerations, 308–11

memory, 308–11

amnesia, 309–11

concept of

historical review, 298–99, 311

overview, 297–98

conditions that may lead to, 299–308

alcohol intoxication, 306–8

blackouts, 306–7

blood alcohol levels, 307

natural history of alcoholism, 307

retrograde or anterograde amnesia, 307–8

withdrawal syndrome, 308

dissociative reactions, 301–2

epilepsy, 299–300

other hypnoid states, 305–6

other organic conditions, 300–5

post-hypnotic automatism, 301

psychological blows, 302–5

nature of the shock, 302–3

personality make-up, 303

pre-existing conditions, 303–5

schizophrenia, 301

somnambulism, 305–6

legal issues, 311–15

history, 311

internal versus external factors, 312

likelihood of recurrence, 312–13

mental disorder inquiry, 314–15

R. v. Stone, 313–14

legal denition, 313

two-step analysis, 313–14

Bail, 201–10

bail hearings, 202–3

onus of proof, 203

psychiatrist’s role, 203–9

grounds for refusal, 201, 206–8

ensuring attendance in court, 206–7

protection or safety of public, 207–8

overview of process, 201–2

psychiatric assessments, 205–9

addressing grounds for bail, 206–8

arranging for, 205

condentiality, 205

evaluation of protocol, 206

expert report, 208

focus, 206

possible errors, 209

Battered woman syndrome, 551–52. See also

Domestic violence

self-defence and, 357–59, 364

Behavioural disorders. See also Neuropsychiatry;

Personality disorders

ADHD. See Attention decit/hyper-activity disorder

autism spectrum disorder. See Autism spectrum

disorder

fetal alcohol syndrome. See Fetal alcohol syndrome

obsessive-compulsive disorder. See Obsessive-

compulsive disorder

sleep disorders. See Sleep disorders

stalking. See Stalkers

Biological diseases. See Medical conditions

Bipolar disorder

features common with impulse control disorders, 811

mental disorder defence, 281

potential conguration, 281

self-represented accused, 238

violence and, 401, 488

pharmacological treatment, 865–66

Law and Mental Disorder: A Comprehensive and Practical Approach

Canadian Charter of Rights and Freedoms

civil commitment and, 1031

jury trial rights, 8

overview, 1–2

Review Board jurisdiction, 691–93

procedures, 692–93

Test of Charter Comprehension (ToCC), 196

Canadian legal system

basic types of law, 5

civil law. See also Civil law and proceedings

criminal law distinguished, 5

common law 3–4. See also Common law

history, 4

Constitution and Charter of Rights, 1–2. See also

Canadian Charter of Rights and Freedoms

criminal law, 7–8. See also Criminal law and

proceedings

civil law distinguished, 5

code within a Code, 8–9

jury trials, 8

process, 7

types of oences, 7–8

correctional facilities. See Correctional facilities

mentally disordered accused, 8–9

statute law, 2–3

legislative process, 2–3

overview, 2

regulations, 3

structure of the courts, 6–7

courts of appeal, 7

provincial or territorial courts, 6

provincial or territorial oences courts, 6

superior courts, 6

Supreme Court of Canada, 7

Capacity, 1063–78

assessment of capacity, 1071–74

assessor’s judgment, 1072–73

key assessor tasks, 1073

contextual considerations, 1072

disagreement between assessments, 1073

generally, 1066–67

presenting conclusions, 1074–76

capacity assessment report, 1074–75

testifying in court, 1076

standard to be applied, 1071

valid assessment, elements, 1073–74

essential points to be addressed, 1074

clinical aspects of incapacity, 1068–71

appreciating consequences, 1070

emotion, impact on choice, 1071

risk awareness and perceptions, 1069

symptoms and conditions, 1068–69

understanding information, 1069

wishes and choices, 1070

characteristics of making a wish, 1070

consent to treatment. See Consent to treatment

Convention on the Rights of Persons with Disabilities,

new perspective, 1343–44

denition, 1063–66

classes of decision, 1063–66

act as litigant, 1066

consent to health care treatment, 1065

enter into contract, 1065

gi property, 1065

grant continuing power of attorney, 1064

grant power of attorney for personal care,

1064–65

manage property, 1064

personal care, 1064

testamentary capacity, 1065

key aspects, 1066

examination of capacity, 1066–68

capacity assessment, 1066–67

cognitive tests, 1067–68

mini-mental state examination, 1067–68

when an issue, 1066

inculpatory statements

depression, 194

intellectual limitation or organicity, 193

intoxication or withdrawal, 194–95

personality, 195–96

psychosis, 193–94

rules, 189–91

intent to commit crime. See Criminal responsibility

and defences

persons involuntarily committed, 1039–40

revoking authority and restoring capacity, 1071

Castration, 890

Charter of Rights. See Canadian Charter of Rights

and Freedoms

Child abuse. See also Child protection proceedings

homicide, 582–88

classication, 583–84

licide, 582–85

homicide-suicides, 601

infanticide, 586–88

neonaticide, 585–86

sexual abuse. See also Sex oenders

adolescent oenders, 956–57