Internationalizing forensic assessments of criminal responsibility. 2011

Gerben Meynen, and Karel Oei
GGZ inGeest, The Netherlands. g.meynen@vu.nl

One of the important characteristics of current medicine is that it is an international endeavor. The fact that medicine is a global undertaking might even be one of its core strengths. However, the universal nature of medicine can be compromised when local issues become significant factors in medical practice. In this paper we identify criminal law as a relevant factor complicating the process of internationalizing a particular medical practice: the assessment of a defendant within the context of the question of criminal responsibility. Since criminal law--especially the laws relevant to assessments of criminal responsibility--may differ from country to country, or rather from jurisdiction to jurisdiction, forensic psychiatrists face the challenge of finding common ground and a common framework to advance these forensic psychiatric assessments. We describe the current situation and argue for internationalizing the discussion about this assessment, pointing to the example provided by assessments of competence.

UI MeSH Term Description Entries
D003416 Criminal Law A branch of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons, and fixes the penalties and modes of treatment applicable to convicted offenders. Criminal Justice,Criminal Laws,Justice, Criminal,Law, Criminal,Laws, Criminal
D005555 Forensic Psychiatry Psychiatry in its legal aspects. This includes criminology, penology, commitment of mentally ill, the psychiatrist's role in compensation cases, the problems of releasing information to the court, and of expert testimony. Jurisprudence, Psychiatric,Psychiatric Jurisprudence,Psychiatry, Forensic
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D016743 Mental Competency The ability to understand the nature and effect of the act in which the individual is engaged. (From Black's Law Dictionary, 6th ed). Competency, Mental,Incompetency, Mental,Competence,Incompetence, Mental,Mental Competence,Competence, Mental,Mental Incompetence,Mental Incompetency
D038622 Internationality The quality or state of relating to or affecting two or more nations. (After Merriam-Webster Collegiate Dictionary, 10th ed) Globalization,International Aspects,International Perspectives,International Relations,Multinational Aspects,Multinational Perspectives,Aspect, International,Aspect, Multinational,Aspects, International,Aspects, Multinational,International Aspect,International Perspective,Multinational Aspect,Multinational Perspective,Perspective, International,Perspective, Multinational,Perspectives, International,Perspectives, Multinational,Relations, International

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