Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway

The purpose of this article is to present and discuss Norwegian legislation concerning intellectual disability and criminal responsibility. Current legislation has an internationally unique feature, in that the rules governing criminal responsibility are based on what is known as the medical principle. This implies that criminal responsibility is determined by the defendant’s mental health status at the time of the crime. Norwegian criminal law does not require any causal or correlational relationship between the mental condition and the crime, as do most other jurisdictions. A brief description of historical perspectives and the Norwegian criminal justice system with regard to offenders with intellectual disabilities is also included.

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5. Capacity and incapacitating conditions

Criminal Law ◽

10.1093/he/9780198831938.003.0005 ◽

2019 ◽

pp. 147-192

Author(s):

Michael J. Allen ◽

Ian Edwards

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Criminal Responsibility ◽

Cognitive Tests ◽

Mentally Disordered ◽

System P ◽

Rational Capacity ◽

The Mind

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. A person should only be held criminally liable where he has the capacity to understand his actions, and to recognise the consequences which may flow from them, and, having understood them, where he has the capacity to control them. The criminal law recognises the requirement of rational capacity by excepting persons who lack rational capacity from liability in certain circumstances. This chapter examines the issues of the age of criminal responsibility, insanity and the M’Naghten Rules (including analysis of the meaning of a ‘disease of the mind’ and the cognitive tests for determining whether someone is legally insane), automatism, and intoxication (with analysis of the distinction between offences of specific intent and basic intent). A revised and updated Law in Context feature explores the treatment of mentally disordered defendants and offenders in the criminal justice system.

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Autism spectrum disorder and criminal responsibility: historical perspectives, clinical challenges and broader considerations within the criminal justice system

Irish Journal of Psychological Medicine ◽

10.1017/ipm.2017.13 ◽

2017 ◽

Vol 35 (4) ◽

pp. 333-339 ◽

Cited By ~ 3

Author(s):

Owen P. O’Sullivan

Keyword(s):

Autism Spectrum Disorder ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Criminal Responsibility ◽

Service Level ◽

Autism Spectrum ◽

Spectrum Disorder ◽

Historical Perspectives ◽

The Relationship

There has been relatively limited research focus on autism in the context of the criminal justice system. The relationship between autism spectrum disorder (ASD) and criminal responsibility is complex. Furthermore, the features inherent to ASD can have a significant bearing on a wide array of other issues in this context including police interviewing, fitness to be tried, culpability and the appropriateness of custodial disposal. This review explores the background to our understanding of ASD, patterns of offending behaviour and the nature of the relationship between this and characteristic ASD deficits. The clinical and legal challenges posed by ASD defendants in terms of identification, assessment and on a broader service level as they negotiate the criminal justice system are highlighted to illustrate the varied difficulties they may encounter and to draw attention to this field as a worthy area of research and training for the medical, legal and law enforcement professions.

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Social Determinants and Mental Health Among Older Adults in the Criminal Justice System

Psychiatric Ethics in Late-Life Patients ◽

10.1007/978-3-030-15172-0_12 ◽

2019 ◽

pp. 185-202 ◽

Cited By ~ 1

Author(s):

Tina Maschi ◽

Dhweeja Dasarathy

Keyword(s):

Mental Health ◽

Older Adults ◽

Criminal Justice ◽

Criminal Justice System ◽

Social Determinants ◽

Justice System

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Wife Assault, The Justice System and Professional Responsibility

Alberta Law Review ◽

10.29173/alr1125 ◽

1995 ◽

Vol 33 (4) ◽

pp. 908

Author(s):

Diana Ginn

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Battered Women ◽

Criminal Law ◽

Justice System ◽

Professional Responsibility ◽

Wife Assault ◽

The Past ◽

Key Players ◽

The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

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Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v12no2.1307 ◽

2018 ◽

Vol 12 (2) ◽

pp. 128

Author(s):

Rugun Romaida Hutabarat

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Primary Source ◽

Secondary Data ◽

Criminal Offense ◽

Criminal Procedure Law ◽

The Law ◽

Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

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Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

10.26686/wgtn.17012072 ◽

2021 ◽

Author(s):

◽

Sean J. Mallett

Keyword(s):

New Zealand ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Individual Case ◽

Regional Disparity ◽

Judicial Discretion ◽

The Individual ◽

Synthesis Approach

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>

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Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016

Strathmore Law Journal ◽

10.52907/slj.v3i1.33 ◽

2017 ◽

Vol 3 (1) ◽

pp. 89-112

Author(s):

Harrison O Mbori

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Cultural Development ◽

Judicial System ◽

Sentencing Guidelines ◽

Criminal Sentencing ◽

Administration Of Justice ◽

Sentencing Policy

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

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CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

IJCLS (Indonesian Journal of Criminal Law Studies) ◽

10.15294/ijcls.v2i2.12322 ◽

2017 ◽

Vol 2 (2) ◽

pp. 144-154

Author(s):

Muchammad Chasani

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

Justice System ◽

Criminal Responsibility ◽

Criminal Liability ◽

Criminal Code ◽

Criminal Offense ◽

Criminal Legislation ◽

Corporate Criminal Liability ◽

Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

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