安全精神病院中的犯罪、惩罚和拘留。

IF 1.5 4区 医学 Q1 LAW Medicine, Science and the Law Pub Date : 2024-10-01 Epub Date: 2024-05-22 DOI:10.1177/00258024241256423
Andrew Shepherd
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引用次数: 0

摘要

许多法律管辖区为精神失常的罪犯提供某种形式的医院转送和处置,以替代监狱监禁。这种转送通常被理解为在量刑决定方面提供了一种非惩罚性的替代方案。然而,完全丧失对暴力行为的责任的情况非常罕见,这表明精神失常的程度达到了极致。这就给判刑者在考虑处置方案时提出了挑战。从病人和医疗服务提供者的角度来看,虽然医院可能被描述为非惩罚性的,但它仍然涉及自由和权利的明显丧失。本文认为,如果不承认医院拘留所固有的惩罚性因素,就有可能使其受到压制,并形成错误的二分法,即监狱被视为纯粹的惩罚性,而医院则被视为纯粹的治疗性。有观点认为,这种划分是无益的,甚至可能是有害的,而作为解决这种辩证对立的综合方法,可能会促进医院的治疗工作,澄清医院在刑事司法处置方面的作用,并提高多机构工作的透明度以及被拘留在安全医院的病人的社会环境。建议进一步了解这一过程,并特别强调特定病人群体的经历,如妇女,她们可能会发现自己在安全护理中处于明显的不稳定状态。
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Crime, punishment, and detention in secure psychiatric hospital.

Many legal jurisdictions offer some form of hospital diversion and disposal as an alternative to incarceration in prison for mentally disordered offenders. Such diversion is commonly understood as offering a non-punitive alternative in terms of sentencing decisions. However, complete loss of responsibility with respect to acts of violence is rare and indicative of extreme degrees of mental disorder. This raises challenges for sentencers when considering disposal options. From the perspective of the patient and healthcare providers while hospital may be framed as non-punitive, it still involves marked loss of freedom and rights. In this essay, it is argued that failure to acknowledge the punitive element, inherent in hospital detention, risks its repression, and a false dichotomy being established with prison being seen as solely punitive and hospital as solely therapeutic. It is suggested that this division is unhelpful, even potentially harmful, and that a synthesis as solution to this dialectic opposition may be generative in terms of therapeutic work in hospitals, clarification of the role of hospitals in terms of criminal justice disposal, and greater transparency in relation to multi-agency working and the social circumstances of patients detained in secure hospitals. Further work to understand this process is suggested with a particular emphasis being placed on the experience of specific groups of patients, such as women, who may find themselves in a notably precarious state within secure care.

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来源期刊
Medicine, Science and the Law
Medicine, Science and the Law 医学-医学:法
CiteScore
2.90
自引率
6.70%
发文量
53
审稿时长
>12 weeks
期刊介绍: Medicine, Science and the Law is the official journal of the British Academy for Forensic Sciences (BAFS). It is a peer reviewed journal dedicated to advancing the knowledge of forensic science and medicine. The journal aims to inform its readers from a broad perspective and demonstrate the interrelated nature and scope of the forensic disciplines. Through a variety of authoritative research articles submitted from across the globe, it covers a range of topical medico-legal issues. The journal keeps its readers informed of developments and trends through reporting, discussing and debating current issues of importance in forensic practice.
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