Punishing the (Not) Guilty. Specifying the Not Criminally Responsible Provision
The not criminally responsible (NCR) designation is undergoing significant legislative changes that will see a greater focus on public safety and information for victims as well as the creation of a « high risk » status. The NCR designation has an inconsistent history in Canada that highlights the complexity of straddling therapeutic and punitive frameworks. This latest development in NCR’s formulation is a punitive response to the perceived clamour by the general public for safety and security and a loss of faith in the psy sciences ability to treat and manage mentally ill accused. In turn, the NCR designation has taken up the punitive rhetoric despite it being framed outside the system of punishment.