Reconsidering the Relationship Between Criminal Insanity and Delusions.

Abstract

This article discusses the relevance of delusions for a finding of criminal insanity. The authors start from the recognition that the psychiatric notion of delusion is considered relevant to criminal insanity in most jurisdictions and therefore integrates psychiatric perspectives to define delusions. The key focus is on the differences regarding how and why delusions matter legally between the Anglo-American and the Norwegian approach to criminal insanity. The authors argue that Norwegian law provides a new point of entrance to clarify legal implications of delusions but also uncovers further challenges and targets for future research regarding how the law relies upon psychiatric constructs.