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Criminally Responsible Law

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Should the Not Criminally Responsible Law Remain in Canada?

As of 1992, the Canadian Criminal Justice system introduced a new Law to its Criminal Code. NCR stands for “Not Criminally Responsible.” It is defined in section 16 of the Criminal Code." (LawFacts, N.d) This law enforces a program which contributes to progress, provides treatment, and just trial towards those with a mental illness. The NCR Law, was established to enforce just trial and stability to those who are mentally ill, within a mental health care facilitation rather than a prison. Therefore NCR, should remain as part of the Criminal Code in Canada

Contribution to Progress

As a result, of introducing the Not Criminally Responsible Law and the changes made in 1992. Prior the …show more content…

"With the new legislation, the goal became rehabilitation. Once someone is found NCR they are managed by review boards – independent tribunals made up of at least five people, including a psychiatrist. Each year most cases are heard by the board which can order that the person remain detained in a hospital with varying levels of privileges, released on a conditional discharge or ordered to be released on an Absolute Discharge. In conditional discharges, individuals are allowed into the community where they have substantial freedom and relatively light conditions." (Doc Zone, 2013, April 10) The government of Canada, has established a system that functions to benefit those citizens with mental illness. The system was created to prevent the imprisonment of those individuals, in exchange the government replaced it by providing treatment. Treatment shows to be much more effective than imprisonment. "The NCR program appears to be working. Recent studies show that three years after an NCR verdict about 10% of those people had reoffended, compared to 40% from the general penal system." (Doc Zone, 2013, April 10) This treatment system, has been and continues to be effective. Studies demonstrate the consequences it would have if the system were to be abolished. "to choose prison over proper therapy in forensic psychiatric hospitals under NCR …show more content…

"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)." (Miladinovic, Z., & Lukassen, J., 2015, February 25) The outcome of a just trial and its verdict, is based on proof of evidence, which ensures what 's best for the

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