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Autonomy, criminal responsibility, and competence.

Gerben Meynen1

  • 1Vrije Universiteit Medical Center and Faculty of Philosophy, VU University, Amsterdam, The Netherlands. g.meynen@ph.vu.nl

The Journal of the American Academy of Psychiatry and the Law
|June 10, 2011
PubMed
Summary
This summary is machine-generated.

Criminal responsibility assessments can mirror competent decision-making evaluations by focusing on autonomy and decision-making processes. This similarity offers new avenues for research by integrating insights from competent decision-making studies into criminal responsibility.

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Area of Science:

  • Legal Psychology
  • Neuroscience
  • Philosophy of Law

Background:

  • Juth and Lorentzon proposed replacing 'free will' with 'autonomy' in criminal responsibility.
  • They framed criminal responsibility assessment as a decision-making process.

Purpose of the Study:

  • To explore the essential similarity between criminal responsibility assessments and competent decision-making evaluations.
  • To highlight how research on competent decision-making can inform criminal responsibility studies.

Main Methods:

  • Conceptual analysis comparing Juth and Lorentzon's framework with decision-making models in informed consent.
  • Argumentation based on the centrality of autonomy and decision-making in both contexts.

Main Results:

  • Criminal responsibility and competent decision-making assessments share fundamental similarities.
  • Autonomy and decision-making are crucial elements in both assessment types.

Conclusions:

  • Recognizing the similarity between these assessments opens opportunities for interdisciplinary research.
  • Insights from competent decision-making research can directly benefit the study of criminal responsibility.