An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence
Bennet, Tova LU
(2024)
In Criminal Law Forum
- Abstract
- In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first
comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an ‘‘integrated’’ model for criminal... (More) - In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first
comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an ‘‘integrated’’ model for criminal responsibility. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/c30e02bb-ab90-4674-bb58-18a6c7f43a48
- author
- Bennet, Tova
LU
- organization
- publishing date
- 2024-05-08
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Insanity defence, Integrated model, Criminal responsibility, mental disorder, Forensic psychiatry, Straffrätt
- in
- Criminal Law Forum
- publisher
- Springer Nature
- ISSN
- 1572-9850
- language
- English
- LU publication?
- yes
- id
- c30e02bb-ab90-4674-bb58-18a6c7f43a48
- alternative location
- https://doi.org/10.1007/s10609-024-09484-0
- date added to LUP
- 2024-05-10 13:51:49
- date last changed
- 2024-05-14 14:09:26
@article{c30e02bb-ab90-4674-bb58-18a6c7f43a48,
abstract = {{In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first<br/>comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an ‘‘integrated’’ model for criminal responsibility.}},
author = {{Bennet, Tova}},
issn = {{1572-9850}},
keywords = {{Insanity defence; Integrated model; Criminal responsibility; mental disorder; Forensic psychiatry; Straffrätt}},
language = {{eng}},
month = {{05}},
publisher = {{Springer Nature}},
series = {{Criminal Law Forum}},
title = {{An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence}},
url = {{https://doi.org/10.1007/s10609-024-09484-0}},
year = {{2024}},
}