Citation

Radovic S, Meynen G, Bennet T. Int. J. Law Psychiatry 2015; 40: 43-49.

Affiliation

Centre for Ethics, Law and Mental Health, University of Gothenburg, Sweden; Faculty of Law, Lund University, Sweden.

Copyright

(Copyright © 2015, Elsevier Publishing)

DOI

10.1016/j.ijlp.2015.04.009

PMID

26003234

Abstract

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.

Language: en