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 princi...

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Main Authors: Erik Søndenaa, Christine Friestad, Birgitte Storvik, Berit Johnsen
Format: Article
Language:English
Published: University of Bergen 2019-09-01
Series:Bergen Journal of Criminal Law and Criminal Justice
Online Access:https://boap.uib.no/index.php/BJCLCJ/article/view/2882
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spelling doaj-4a3d5ca9b1ad439888927c7f70e3769b2020-11-24T21:58:53ZengUniversity of BergenBergen Journal of Criminal Law and Criminal Justice1894-41832019-09-017110.15845/bjclcj.v7i1.2882Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in NorwayErik Søndenaa0Christine Friestad1Birgitte Storvik2Berit Johnsen3Norwegian University of Science and Technology, Institute of mental health; St. Olavs University Hospital, Centre for Research and Education in Forensic Psychiatry.Oslo University Hospital, Centre for Research and Education in Forensic Psychiatry; University College of Norwegian Correctional Service.University College of Norwegian Correctional Service.University College of Norwegian Correctional Service. 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. https://boap.uib.no/index.php/BJCLCJ/article/view/2882
collection DOAJ
language English
format Article
sources DOAJ
author Erik Søndenaa
Christine Friestad
Birgitte Storvik
Berit Johnsen
spellingShingle Erik Søndenaa
Christine Friestad
Birgitte Storvik
Berit Johnsen
Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway
Bergen Journal of Criminal Law and Criminal Justice
author_facet Erik Søndenaa
Christine Friestad
Birgitte Storvik
Berit Johnsen
author_sort Erik Søndenaa
title Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway
title_short Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway
title_full Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway
title_fullStr Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway
title_full_unstemmed Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway
title_sort criminal responsibility and challenges in the criminal justice system for people with intellectual disability in norway
publisher University of Bergen
series Bergen Journal of Criminal Law and Criminal Justice
issn 1894-4183
publishDate 2019-09-01
description 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.
url https://boap.uib.no/index.php/BJCLCJ/article/view/2882
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