The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities : Human Rights Brinksmanship or Evidence It Won’t Work?
Gooding, Piers and Bennet, Tova LU
(2018)
In New Criminal Law Review
21(1).
p.141-169
- Abstract
- The U.N. Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defense and similar “special defenses” in criminal law. Proponents argue that abolishing the defense would advance efforts to fully recognize the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound the substantive inequality of an already marginalized population. This paper seeks to accelerate this debate with reference to Swedish criminal law, which saw the abolition of the insanity defense in 1965. Neither side of the debate appears to have considered the anomaly of Swedish criminal law. Equally, Swedish legislators appear to have overlooked CRPD-based considerations.... (More)
- The U.N. Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defense and similar “special defenses” in criminal law. Proponents argue that abolishing the defense would advance efforts to fully recognize the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound the substantive inequality of an already marginalized population. This paper seeks to accelerate this debate with reference to Swedish criminal law, which saw the abolition of the insanity defense in 1965. Neither side of the debate appears to have considered the anomaly of Swedish criminal law. Equally, Swedish legislators appear to have overlooked CRPD-based considerations. Instead, Sweden seems likely to reintroduce the insanity defense following long-standing domestic criticism. This paper brings together developments in Sweden and international human rights law, and draws out conceptual and practical lessons in the quest for due process rights and substantive equality for people with disabilities in criminal law. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/ab62c027-f19c-4dda-a53c-9e2eefb71860
- author
- Gooding, Piers
and Bennet, Tova
LU
- organization
- publishing date
- 2018
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Insanity defence, Disability, Human rights, Convention of Rights of Persons with Disabilities, Sweden, Mänskliga rättigheter, Sverige, personer med funktionsnedsättning
- in
- New Criminal Law Review
- volume
- 21
- issue
- 1
- pages
- 141 - 169
- publisher
- University of California Press
- external identifiers
-
- scopus:85061361763
- ISSN
- 1933-4192
- DOI
- 10.1525/nclr.2018.21.1.141
- language
- English
- LU publication?
- yes
- id
- ab62c027-f19c-4dda-a53c-9e2eefb71860
- alternative location
- http://nclr.ucpress.edu/content/21/1/141
- date added to LUP
- 2018-01-15 11:37:00
- date last changed
- 2023-04-03 10:54:21
@article{ab62c027-f19c-4dda-a53c-9e2eefb71860,
abstract = {{The U.N. Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defense and similar “special defenses” in criminal law. Proponents argue that abolishing the defense would advance efforts to fully recognize the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound the substantive inequality of an already marginalized population. This paper seeks to accelerate this debate with reference to Swedish criminal law, which saw the abolition of the insanity defense in 1965. Neither side of the debate appears to have considered the anomaly of Swedish criminal law. Equally, Swedish legislators appear to have overlooked CRPD-based considerations. Instead, Sweden seems likely to reintroduce the insanity defense following long-standing domestic criticism. This paper brings together developments in Sweden and international human rights law, and draws out conceptual and practical lessons in the quest for due process rights and substantive equality for people with disabilities in criminal law.}},
author = {{Gooding, Piers and Bennet, Tova}},
issn = {{1933-4192}},
keywords = {{Insanity defence; Disability; Human rights; Convention of Rights of Persons with Disabilities; Sweden; Mänskliga rättigheter; Sverige; personer med funktionsnedsättning}},
language = {{eng}},
number = {{1}},
pages = {{141--169}},
publisher = {{University of California Press}},
series = {{New Criminal Law Review}},
title = {{The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities : Human Rights Brinksmanship or Evidence It Won’t Work?}},
url = {{http://dx.doi.org/10.1525/nclr.2018.21.1.141}},
doi = {{10.1525/nclr.2018.21.1.141}},
volume = {{21}},
year = {{2018}},
}