Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder

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Main Author: Hartvigsson, Thomas
Format: Book
Language:English
Published: Springer 2023
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Online Access:https://link.springer.com/article/10.1007/s11572-021-09595-4
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9290
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spelling oai:localhost:PNK-92902023-09-27T07:17:54Z Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder Hartvigsson, Thomas Punishment and Care Mental Disorder CC-BY The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder. 2023-09-27T07:17:54Z 2023-09-27T07:17:54Z 2021 Book https://link.springer.com/article/10.1007/s11572-021-09595-4 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9290 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic Punishment and Care
Mental Disorder
spellingShingle Punishment and Care
Mental Disorder
Hartvigsson, Thomas
Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder
description CC-BY
format Book
author Hartvigsson, Thomas
author_facet Hartvigsson, Thomas
author_sort Hartvigsson, Thomas
title Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder
title_short Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder
title_full Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder
title_fullStr Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder
title_full_unstemmed Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder
title_sort between punishment and care: autonomous offenders who commit crimes under the influence of mental disorder
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s11572-021-09595-4
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9290
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score 8.891145