Who establishes the presence of a mental disorder in defendants: Medicolegal considerations on a European court of human rights case

Tijs Kooijmans, Gerben Meynen

Research output: Contribution to journalArticleScientificpeer-review

29 Downloads (Pure)

Abstract

Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish “true mental disorder,” the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court’s jurisdiction.
Original languageEnglish
Article number199
Pages (from-to)1-6
Number of pages6
JournalFrontiers in Psychiatry
Volume8
Issue numberOctober 2017
DOIs
Publication statusPublished - 2017

Fingerprint

Criminal Law

Cite this

@article{7d0dbe8f209b4be8aebc6d07ffe5fee4,
title = "Who establishes the presence of a mental disorder in defendants: Medicolegal considerations on a European court of human rights case",
abstract = "Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish “true mental disorder,” the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court’s jurisdiction.",
author = "Tijs Kooijmans and Gerben Meynen",
year = "2017",
doi = "10.3389/fpsyt.2017.00199",
language = "English",
volume = "8",
pages = "1--6",
journal = "Frontiers in Psychiatry",
issn = "1664-0640",
publisher = "Frontiers Media S.A.",
number = "October 2017",

}

Who establishes the presence of a mental disorder in defendants : Medicolegal considerations on a European court of human rights case. / Kooijmans, Tijs; Meynen, Gerben.

In: Frontiers in Psychiatry, Vol. 8, No. October 2017, 199, 2017, p. 1-6.

Research output: Contribution to journalArticleScientificpeer-review

TY - JOUR

T1 - Who establishes the presence of a mental disorder in defendants

T2 - Medicolegal considerations on a European court of human rights case

AU - Kooijmans, Tijs

AU - Meynen, Gerben

PY - 2017

Y1 - 2017

N2 - Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish “true mental disorder,” the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court’s jurisdiction.

AB - Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish “true mental disorder,” the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court’s jurisdiction.

U2 - 10.3389/fpsyt.2017.00199

DO - 10.3389/fpsyt.2017.00199

M3 - Article

VL - 8

SP - 1

EP - 6

JO - Frontiers in Psychiatry

JF - Frontiers in Psychiatry

SN - 1664-0640

IS - October 2017

M1 - 199

ER -