Introducing a standard of legal insanity: The case of Sweden compared to The Netherlands
Radovic, Susanna ; Meynen, Gerben and Bennet, Tova LU
(2015)
In International Journal of Law and Psychiatry
40.
p.43-49
- Abstract
- Abstract in Undetermined
A recent governmental report has suggested that the notion of insanity, which has not been a relevant concept in Swedish criminal law for the last 50years, should be reintroduced into the criminal justice system. This move has generated a debate over the most appropriate criteria to be included in a legal standard for insanity. We consider the fundamental question of whether a legal standard is required when introducing insanity, by looking at a legal system in which legal insanity is available but where no standard is used: The Netherlands. Overall, a review of advantages and disadvantages leads to the conclusion that such a standard is necessary. What exactly should that standard be? Is the development of... (More) - Abstract in Undetermined
A recent governmental report has suggested that the notion of insanity, which has not been a relevant concept in Swedish criminal law for the last 50years, should be reintroduced into the criminal justice system. This move has generated a debate over the most appropriate criteria to be included in a legal standard for insanity. We consider the fundamental question of whether a legal standard is required when introducing insanity, by looking at a legal system in which legal insanity is available but where no standard is used: The Netherlands. Overall, a review of advantages and disadvantages leads to the conclusion that such a standard is necessary. What exactly should that standard be? Is the development of different "grades" of insanity desirable? Legal considerations concerning what is essentially a legal notion should predominate in making these determinations-informed by psychiatric and other relevant scientific findings. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/5435809
- author
- Radovic, Susanna
; Meynen, Gerben
and Bennet, Tova
LU
- organization
- publishing date
- 2015
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- insanity defence, psychiatry, criminal law, förvaltningsrätt, administrative law
- in
- International Journal of Law and Psychiatry
- volume
- 40
- pages
- 43 - 49
- publisher
- Elsevier
- external identifiers
-
- wos:000357138900006
- scopus:84930473780
- pmid:26003234
- ISSN
- 0160-2527
- DOI
- 10.1016/j.ijlp.2015.04.009
- language
- English
- LU publication?
- yes
- id
- 0104d48a-aba9-4497-b59c-a586f032f0bc (old id 5435809)
- date added to LUP
- 2016-04-01 10:45:26
- date last changed
- 2023-04-03 10:53:31
@article{0104d48a-aba9-4497-b59c-a586f032f0bc,
abstract = {{Abstract in Undetermined<br/>A recent governmental report has suggested that the notion of insanity, which has not been a relevant concept in Swedish criminal law for the last 50years, should be reintroduced into the criminal justice system. This move has generated a debate over the most appropriate criteria to be included in a legal standard for insanity. We consider the fundamental question of whether a legal standard is required when introducing insanity, by looking at a legal system in which legal insanity is available but where no standard is used: The Netherlands. Overall, a review of advantages and disadvantages leads to the conclusion that such a standard is necessary. What exactly should that standard be? Is the development of different "grades" of insanity desirable? Legal considerations concerning what is essentially a legal notion should predominate in making these determinations-informed by psychiatric and other relevant scientific findings.}},
author = {{Radovic, Susanna and Meynen, Gerben and Bennet, Tova}},
issn = {{0160-2527}},
keywords = {{insanity defence; psychiatry; criminal law; förvaltningsrätt; administrative law}},
language = {{eng}},
pages = {{43--49}},
publisher = {{Elsevier}},
series = {{International Journal of Law and Psychiatry}},
title = {{Introducing a standard of legal insanity: The case of Sweden compared to The Netherlands}},
url = {{http://dx.doi.org/10.1016/j.ijlp.2015.04.009}},
doi = {{10.1016/j.ijlp.2015.04.009}},
volume = {{40}},
year = {{2015}},
}