| 1. |
- Dahlin, Moa Kindstrom, et al.
(författare)
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Mentally disordered criminal offenders : Legal and criminological perspectives
- 2009
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527 .- 1873-6386. ; 32:6, s. 377-382
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Tidskriftsartikel (refereegranskat)abstract
- Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.
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| 2. |
- Munthe, Christian, 1962, et al.
(författare)
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Ethical Issues in Forensic Psychiatric Research on Mentally Disordered Offenders
- 2010
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Ingår i: Bioethics. - : Wiley. - 1467-8519 .- 0269-9702. ; 24:1, s. 35-44
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Tidskriftsartikel (refereegranskat)abstract
- This paper analyses ethical issues in forensic psychiatric research on mentally disordered offenders, especially those detained in the psychiatric treatment system. The idea of a 'dual role' dilemma afflicting forensic psychiatry is more complicated than acknowledged. Our suggestion acknowledges the good of criminal law and crime prevention as a part that should be balanced against familiar research ethical considerations. Research aiming at improvements of criminal justice and treatment is a societal priority, and the total benefit of studies has to be balanced against the risks for research subjects inferred by almost all systematic studies. Direct substantial risks must be balanced by health benefits, and normal informed consent requirements apply. When direct risks are slight, as in register-based epidemiology, lack of consent may be counter-balanced by special measures to protect integrity and the general benefit of better understanding of susceptibility, treatment and prevention. Special requirements on consent procedures in the forensic psychiatric context are suggested, and the issue of the relation between decision competence and legal accountability is found to be in need of further study. The major ethical hazard in forensic psychiatric research connects to the role of researchers as assessors and consultants in a society entertaining strong prejudices against mentally disordered offenders.
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| 3. |
- Munthe, Christian, 1962, et al.
(författare)
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The Return of Lombroso? Ethical Aspects of (Visions of) Preventive Forensic Screening
- 2015
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Ingår i: Public Health Ethics. - : Oxford University Press (OUP). - 1754-9973 .- 1754-9981. ; 8:3, s. 270-283
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Tidskriftsartikel (refereegranskat)abstract
- The vision of legendary criminologist Cesare Lombroso to use scientific theories of individual causes of crime as a basis for screening and prevention programmes targeting individuals at risk for future criminal behaviour has resurfaced, following advances in genetics, neuroscience and psychiatric epidemiology. This article analyses this idea and maps its ethical implications from a public health ethical standpoint. Twenty-seven variants of the new Lombrosian vision of forensic screening and prevention are distinguished, and some scientific and technical limitations are noted. Some lures, biases and structural factors, making the application of the Lombrosian idea likely in spite of weak evidence are pointed out and noted as a specific type of ethical aspect. Many classic and complex ethical challenges for health screening programmes are shown to apply to the identified variants and the choice between them, albeit with peculiar and often provoking variations. These variations are shown to actualize an underlying theoretical conundrum in need of further study, pertaining to the relationship between public health ethics and the ethics and values of criminal law policy.
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| 4. |
- Bennet, Tova, et al.
(författare)
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On the abolition and re-introduction of legal insanity in Sweden
- 2016
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Ingår i: Legal Insanity and the Brain : Science, Law and European Courts - Science, Law and European Courts. - Oxford : Hart Publishing. - 9781849467919 - 9781509902347 - 9781509902323 ; , s. 169-206
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Bokkapitel (refereegranskat)
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| 5. |
- Radovic, Susanna, 1969, et al.
(författare)
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Absence of insight as a catch-all extra-legislative factor in Swedish mental health law proceedings
- 2020
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Ingår i: Psychiatry, Psychology and Law. - : Informa UK Limited. - 1321-8719 .- 1934-1687. ; 27:4, s. 601-619
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Tidskriftsartikel (refereegranskat)abstract
- Previous research indicates that insight is frequently used but rarely defined in mental health proceedings. This article examines how participants in Swedish administrative court proceedings use the concept of insight when discussing decisions regarding involuntary psychiatric care. Open-ended qualitative interviews were conducted with professional mental health court participants. The results show that lack of insight is used by the informants as an argument for all three legal criteria for involuntary psychiatric care in Sweden, as well as the criterion for release from forensic psychiatric care. It is concluded that there are troublesome legal and ethical implications of courts relying on a poorly defined concept such as insight in their rulings.
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| 6. |
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| 7. |
- Bennet, Tova, et al.
(författare)
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Mordiska sjölejon och marisianer
- 2014
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Ingår i: Idées Fixes - A festschrift dedicated to Christian Bennet on the occasion of his 60th birthday / edited by Martin Kaså. - Göteborg : Department of Philosophy, Linguistics and Theory of Science, University of Gothenburg. - 1652-0459. - 9789198210002 ; , s. 23-43
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 8. |
- Malmgren, Helge, 1945, et al.
(författare)
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A philosophical view on concepts in psychiatry
- 2010
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527. ; 33, s. 66-72
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Tidskriftsartikel (refereegranskat)abstract
- This essay first outlines a philosophical theory of concepts and then applies it to two areas of relevance to psychiatrists, especially forensic psychiatrists. In the philosophical theory, the respective roles of verbal and non-verbal definitions are illuminated, and the importance of the phenomenon of division of semantic labour is stressed. It is pointed out that vagueness and ambiguity of a term often result when the term is used for several practical purposes at the same time. Such multi-purpose uses of terms may explain both the current problems associated with the Swedish forensic–psychiatric concept of a severe mental disorder and some of the shortcomings of DSM-IV.
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| 9. |
- Anckarsäter, Henrik, 1966, et al.
(författare)
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Mental health and international crimes
- 2014
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Ingår i: Criminological approaches to international criminal law / Ilias Bantekas, Emmanouela Mylonaki. - Cambridge : Cambridge University Press. - 9781107060036 ; , s. 263-286
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Bokkapitel (refereegranskat)
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| 10. |
- Gröning, Linda, et al.
(författare)
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Constructing criminal insanity: The roles of legislators, judges and experts in Norway, Sweden and the Netherlands
- 2020
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Ingår i: New Journal of European Criminal Law. - : SAGE Publications. - 2032-2844 .- 2399-293X. ; 11:3, s. 390-410
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Tidskriftsartikel (refereegranskat)abstract
- This article provides a discussion about criminal insanity regulation in Norway, Sweden and the Netherlands, with a focus on the roles of legislators, judges and experts in the concretisation of the legal meaning of criminal insanity. The authors recognise that these three countries reflect different ideal type rule constructions that are interesting to study comparatively. The article addresses the following overall questions: To what extent and in what way do the different rule constructions also involve different views on the roles of legislators, judges and experts? And in case of competing models, which is the better solution? To investigate and eventually answer these questions, the authors analyse the content and legislative considerations of the relevant rules, how these rules are applied and understood by judges and experts, and how different understandings of insanity, of legislators, judges and experts, depend on each other. The authors show how the different rule constructions represent different considerations on the adequate roles of the legislator, judges and experts. They argue that what is important is not what precise division of roles that is settled, but that this interplay functions to secure clear and robust rules, and that each of the three countries has room for improvement in this regard.
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