Citation

Querengässer J, Traub HJ. Int. J. Law Psychiatry 2020; 70: e101567.

Copyright

(Copyright © 2020, Elsevier Publishing)

DOI

10.1016/j.ijlp.2020.101567

PMID

32482305

Abstract

PURPOSE: Within the German legal framework, if an unlawful act is committed by a substance-addicted offender, courts shall make a forensic addiction treatment order (referred to as FAT). In 2010-2015, German courts applied this rule to 14,576 individuals. The article aims to explore the development of FAT sex ratios, its relation to other criminological measures and its regional distribution - and to describe gender-related differences within the FAT population.

METHODS: Yearly and state-specific sex ratios in FAT orders were calculated and related to general delinquency figures. Women were compared to men on various variables. We computed chi-square, t- and Kruskal-Wallis tests.

RESULTS: Compared to registered and sanctioned delinquency, women are steadily underrepresented, but the sex ratio differs largely among German states. Compared to men, women are 1 year older, have a less severe criminal history and a different distribution of addiction-related delinquency. Their average concurrent prison sentence is shorter, indicating less severe offences.

CONCLUSIONS: Findings largely conform to epidemiological knowledge. However, it is unlikely that these effects explain the extent of women's underrepresentation concerning FAT. Instead, FAT-application seems to be influenced by gender-related decision biases in jurisdiction. Regional differences cannot be explained epidemiologically, they seem to indicate different juridical "cultures".

Language: en

Keywords

Epidemiology; Substance abuse; Gender differences; Forensic psychiatry; Offender treatment