Landing in the Cuckoo's Nest: The Hospital Disposition of Guilty Mentally Ill Offenders - Lessons from the United Kingdom
AbstractThis article explores the current schemes for sentencing guilty mentally ill offenders in Canada and the United Kingdom. The author highlights the deficiencies of the current Canadian scheme, arguing both that it is limited to the traditional sentencing smorgasbord and that principles of sentencing are difficult to balance with respect to guilty mentally ill offenders. In his analysis of the mental health sentencing dispositions available in the United Kingdom, the author assesses how such a scheme could be implemented in Canada and what modifications are necessary in order to better conform with Canadian law and policy, in particular, the areas concerning disposition thresholds, consent to treatment and discharge are examined. The author concludes that implementation of a hospital disposition in the Canadian sentencing regime is necessary to overcome conflicting sentencing principles and correctional aims, to address the lack of correctional programs and infrastructure courts encounter when sentencing guilty mentally ill offenders, and to enhance the protection of society — the primary goal in sentencing.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.