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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 (Swedish)
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... (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)
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author
organization
publishing date
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
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
2015-06-01 12:44:30
date last changed
2017-07-09 03:18:54
@article{0104d48a-aba9-4497-b59c-a586f032f0bc,
  abstract     = {<b>Abstract in Undetermined</b><br/><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},
  keyword      = {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},
  volume       = {40},
  year         = {2015},
}