Australia |
focus
points
|
 |
Insert forensic
focus points here
Canada |
focus
points
|
|
"The Criminal
Code of Canada provides for court ordered psychiatric remands
if there is a question that the accused may be mentally
ill. The essential goal of the court ordered psychiatric
assessments in the Canadian judicial system involves determination
of fitness. Diagnosis and treatment are also considered
but secondary to fitness" (Arboleda-Florez et al, 1994,
p. 161).
"The criteria
for fitness to stand trial which has been incorporated into
the 1992 Criminal Code includes whether or not the individual
can understand: (1) the nature or object of the proceedings;
(2) the possible consequences of the proceedings; and, (3)
communicate with counsel" (Law Reform Commission of
Canada, 1976) (Arboleda-Florez et al, 1994, p. 161).
"The brief
assessment unit of the Metropolitan Forensic Toronto Forensic
Service (METFOR) is an assessment unit unique in Canada.
Two types of forensic assessments are offered at METFOR
in Toronto: a brief outpatient assessment at the BAU, and
an extended inpatient"(Pepper, 1982, p. 50).
France |
focus
points
|
|
"The intervention
of psychiatry in the field of law, according to Foucault
(1978) occurred in the beginning of the 19th century, in
a series of cases whose pattern was about the same and which
took place between 1800-1835 throughout Europe. From these
cases that inserted psychiatry into the domain of law achieved
what he called the "zero degree of insanity".
Prior to these trials insanity could be seen by what it
produced, those of passion, fury, anger etc. In these six
cases there was an absence of emotion, no rage no agitation,
no passion. In the Foucault cases there appeared no apparent
reason for the acts: no gain, no motive, no profit, no signs
of insanity A second feature of these cases which made them
stand out in history argued Foucault was that they were
almost all carried out across a generation divide, child
adult or adolescent-adult, an that they were each enacted
in a domestic or neighborhood setting" (Mason &
Mercer, 1998, p. 17).
International |
focus
points
|
|
Insert forensic
focus points here
United Kingdom |
focus
points
|
|
Insert forensic
focus points here
United States |
focus
points
|
|
"Forensic
psychiatric nursing in the USA is, largely concerned with
pre-trial evaluation, an assessment of clinical and legal
sanity; to establish diminished capacity, or offer therapy
to regain competency for the courtroom. By contrast forensic
correctional nursing is seen as providing for the physical
health care needs of convicted, incarcerated, criminal populations"
(Coram, 1993; cited in Mason & Mercer, 1999, p. 243).
"1978 -
Diminished capacity defense - Following the assassinations
of San Francisco Mayor George Moscone and Councilman Harvey
Milk by Dan White in 1978, White successfully used the 'diminished
capacity defense' and was found guilty of manslaughter,
not of murder, with which he was originally charged"
(Quen, 1994, p. 1008-9).
Focus Points
Reference
Arboleda-Florez,
J., Holley. H.L., Williams, J. & Crisanti, A. (1994).
An evaluation of legal outcome following pretrial Forensic
Assessment. Canadian Journal of Psychiatry, 39 (4),
161-167.
Mason, T., & Mercer, D. (1998). Critical perspectives
in forensic care: Inside out. London: Macmillan.
Pepper, J. (1982). Psychiatric assessment on a forensic
unit. Canadian Nurse, 78 (7), 50-51.
Top
of Page
Topic
B - Forensic Psychiatry > Section B.4.0. Forensic Practice/Prevention
> Unit.B.4.2. Forensic Psychiatric Assessment/Treatment
