犯罪,惩罚和被拘留在安全的精神病医院
1Division of Psychology and Mental Health, University of Manchester, Manchester, UK.
Medicine, science, and the law
|May 23, 2024
概括
对精神障碍犯罪者进行医院转移,虽然看起来不具有惩罚性,但涉及到严重的自由丧失. 承认这种惩罚性方面对于有效的治疗工作和透明的刑事司法处置至关重要.
科学领域:
- 法医精神病学 法医精神病学
- 心理健康法 心理健康法
- 刑事司法研究 刑事司法研究
背景情况:
- 法律制度为精神障碍罪犯提供医院转移作为监禁的替代方案.
- 这种转移往往被看作是一种非惩罚性的判决选择.
- 然而,完全免除责任是罕见的,这给判决者带来了挑战.
研究的目的:
- 批判性地检查精神障碍罪犯住院的惩罚性.
- 挑战监狱作为唯一惩罚性和医院作为唯一治疗性的二分法.
- 探索如何承认惩罚因素可以改善治疗工作和刑事司法处置.
主要方法:
- 这篇文章对现有的法律和医疗保健框架进行了批判性分析.
- 它综合了患者权利,医疗保健和刑事司法方面的观点.
- 该分析的重点是医院拘留中固有的自由和权利丧失.
主要成果:
- 住院拘留,尽管它的治疗框架,涉及到自由和权利的重大损失,因此拥有惩罚性元素.
- 惩罚性监狱和治疗性医院之间的既定二分法是无助的,可能有害的.
- 承认住院拘留的惩罚性方面可以导致更好的治疗结果和更明确的刑事司法角色.
结论:
- 需要一个综合体来识别医院转移中的惩罚性元素.
- 这种方法可以加强治疗干预,澄清医院在刑事司法中的作用,并改善多机构合作.
- 建议进行进一步的研究,特别是对妇女等弱势群体进行进一步的研究,以了解她们在安全护理方面的经验.
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