Tova Bennet
Associate senior lecturer
Introducing a standard of legal insanity: The case of Sweden compared to The Netherlands
Author
Summary, in English
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.
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.
Department/s
- Law and Vulnerabilities
- Health Law
- Department of Law
Publishing year
2015
Language
English
Pages
43-49
Publication/Series
International Journal of Law and Psychiatry
Volume
40
Document type
Journal article
Publisher
Elsevier
Topic
- Law
Keywords
- insanity defence
- psychiatry
- criminal law
- förvaltningsrätt
- administrative law
Status
Published
Research group
- Law and Vulnerabilities
- Health Law
ISBN/ISSN/Other
- ISSN: 0160-2527