The Socially Acceptable NCRMD Defence

Not criminally responsible on account of mental disorder (NCRMD) is a necessary but often unknown and underappreciated legal defence, used to divert offenders from the criminal justice stream to the medical stream when suffering from mental health issues that impair understanding for their criminality. NCRMD in various capacities has had a long history in Canadian justice, yet research suggests Canadians remain unaware of how NCRMD works, and why this legal defence is necessary. Lack of understanding surrounding NCRMD has led to misconceptions in the public about this judicial defence, and continued stigmatization towards mental illness. A definition and history of NCMRD is summarized, along with an outline of NCRMD legislation in Canada, literature examining criminological theories, and an exploration of society’s understanding of justice. Research also explored the benefits and limitations of the NCRMD system based on perceptions expressed through media.