This article discusses the relevance of delusions for a finding of criminal insanity. The authors start from the recognition that the psychiatric notion of delusion is considered relevant to criminal insanity in most jurisdictions and therefore integrates psychiatric perspectives to define delusions. The key focus is on the differences regarding how and why delusions matter legally between the Anglo-American and the Norwegian approach to criminal insanity. The authors argue that Norwegian law provides a new point of entrance to clarify legal implications of delusions but also uncovers further challenges and targets for future research regarding how the law relies upon psychiatric constructs.
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http://dx.doi.org/10.29158/JAAPL.240085-24 | DOI Listing |
J Am Acad Psychiatry Law
January 2025
Dr. Gröning is a Professor, Faculty of Law, University of Bergen, Norway and a Senior Researcher, Regional Centre for Research and Education in Forensic Psychiatry and Psychology, Haukeland University Hospital, Bergen, Norway. Dr. Radovic is an Associate Professor, Department of Philosophy, Linguistics and Theory of Science and Centre for Ethics, Law and Mental Health, University of Gothenburg, Gothenburg, Sweden. Dr. Haukvik, is a Professor, Department of Mental Health and Addiction, Institute for Clinical Medicine, University of Oslo, Norway and Senior Researcher, Regional Centre for Research and Education in Forensic Psychiatry and Psychology, Oslo University Hospital, Oslo, Norway.
This article discusses the relevance of delusions for a finding of criminal insanity. The authors start from the recognition that the psychiatric notion of delusion is considered relevant to criminal insanity in most jurisdictions and therefore integrates psychiatric perspectives to define delusions. The key focus is on the differences regarding how and why delusions matter legally between the Anglo-American and the Norwegian approach to criminal insanity.
View Article and Find Full Text PDFThe Convention on the Rights of Persons with Disabilities (CRPD) operates as a lens of analysis to show that the insanity doctrine and its dispositions discriminate against the category of people with mental disabilities to whom the defence applies. However, while identifying the discrimination perpetuated by the insanity doctrine, this article argues that the CRPD Committee has failed to uncover the ultimate source of disadvantage of which the doctrine is merely symptomatic. Instead, it is argued that the criminal justice system entrenches a notion of 'capacity-responsibility' which situates the mentally disabled defendant as the 'other'.
View Article and Find Full Text PDFPsychiatric clinical diagnostic formulation has evolved over time. The changes alter our understanding and our ability to provide a public health perspective on the epidemiology of mental disorders in large populations. Epidemiology is an important perspective and set of tools to assess prevalence, treated prevalence, untreated prevalence, individual risks for mental disorders, and possible links to the etiology of disorders by following the trails of environmental exposures, biological measures, interpersonal dynamics, and genetic risk factors.
View Article and Find Full Text PDFJ Forensic Sci
November 2024
Expertise Department of Observation, Council of Forensic Medicine, Ministry of Justice, Kımız Sok., 1, Istanbul, 34196, Turkey.
Filicide is the act of a parent killing their own offspring. Previous studies indicate that there are both commonalities and distinctions between filicides committed by mothers and fathers. The main objective of this study was to compare maternal and paternal filicide with a major focus on clinical and sociodemographic features of perpetrators, incident details, and victims.
View Article and Find Full Text PDFCommun Psychol
April 2024
Yale Law School, 127 Wall St, New Haven, CT, 06511, USA.
The footprint of the legal system in the United States is expansive. Applying psychological and neuroscience research to understand or predict individual criminal behavior is problematic. Nonetheless, psychology and neuroscience can contribute substantially to the betterment of the criminal legal system and the outcomes it produces.
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