A call for understanding despite our shock

Violent crimes send shock waves through communities. There is little doubt these tragedies are difficult to comprehend and deal with.

However, we must be careful in our language use and understanding of violent offences committed by people found not criminally responsible (NCR). The stigma surrounding NCR offenders feeds into a fearful narrative that is often driven by misinformation and misunderstanding — a narrative that also negatively influences the policies dealing with these offenders.

The majority of people with mental illness are not violent. In fact, people with mental illness are far more likely to be the victims of violence and abuse than they are to commit them.

In the rare instance that someone with mental illness does commit a violent crime, they are more than likely found responsible for their actions. Pleading not criminally responsible occurs in less than 0.2 per cent of cases brought before courts. Of that percentage, fewer than one in four will be successful.

One of the most common misconceptions surrounding being found not criminally responsible is that the offender either gets out of jail free, or does not have to suffer because of their actions. The evidence shows this belief to be untrue. NCR offenders will, on average, spend more time in custody than an offender who pleads guilty to the same charge. Once an offender is found to be NCR, the process of reintegrating them back into the community is involved and incredibly slow.

Another misconception is that these offenders will go on to commit similar violent crimes upon their release. Instead, the evidence shows recidivism rates are lower for NCR offenders than they are for offenders who are incarcerated for long periods.

Overall recidivism for NCR offenders is 10.4 per cent, compared to 33.5 per cent for longterm offenders. Violent re-offence is lower as well — 7.7 per cent, compared to 11.6 per cent. And even in cases where re-offence happens, one of the biggest predictors of a person’s re-offence is substance abuse, and not mental illness.

Current procedure requires that a review board meet once a year to decide what steps are best for the NCR offender to be reintegrated into society.

Sensationalist media reporting of NCR instances only adds more justification for stigma and misunderstanding. NCR offenders are more likely to have a severe mental illness, prior contact with law enforcement, long stays in psychiatric institutions and prior convictions.

These people are more likely to need serious psychological interventions, instead of legal ones, and one can argue that better investment in mental health services would result in fewer NCR offences. By reducing stigma and misunderstanding about not criminally responsible offenders, communities and loved ones stand better chances to heal after violent events, and NCR offenders can get the help they need to address their severe mental illness.