Criminal responsibility and mental disorder
Why do heterogeneous constructs not overlap
Bibliographic Data
| ID | 21458987 |
|---|---|
| Authors | Linda Gröning (0000-0003-2864-3545, Haukeland University Hospital, corresponding author), Kenneth Hugdahl (0000-0002-0008-4326, Haukeland University Hospital) |
| Year | 2026 |
| Volume | 108 |
| Pages | 102236 |
| Publication date | 2026-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Law and Psychiatry (JOURNAL) |
| Journal identifiers | ISSN: 0160-2527 • E-ISSN: 1873-6386 |
| Publisher | Elsevier BV (PUBLISHER) |
| DOI | 10.1016/j.ijlp.2026.102236 |
| PMID | 42190334 |
| OpenAlex | W7162437075 |
| Language | EN |
| References cited | 40 |
This paper discusses some problems in associating definitions and judgments of criminal unaccountability, e.g. criminal insanity, to psychiatric constructs, i.e., diagnoses, symptoms and related constructs of functional impairment. The aim is to highlight this relationship as to why it is inevitably challenging at a conceptual level. The backdrop of the paper is that the dependence between legal and psychiatric constructs challenges constitutional values of legal certainty and equality before law. The authors propose that to understand and possibly address this challenge, one must acknowledge the heterogeneity of psychiatric constructs and the intricate relationships between diagnoses, symptoms and functional impairment of argued legal relevance. Moreover, one must acknowledge that legal constructs of criminal unaccountability and psychiatric constructs of mental disorders are different ways of categorizing complex phenomena for different purposes, making the overlap between them epistemologically challenging. It is not expected that either the court or the experts are aware of such issues, which could lead to unwanted biases. In the paper, the key perspectives that shape these issues are outlined and discussed
Criminal justice · Criminal responsibility · Mental health · Occupational safety and health · Poison control · Suicide prevention · Free Will and Agency · Human Factors and Ergonomics · Mental Health and Psychiatry · Psychopathy, Forensic Psychiatry, Sexual Offending
Differences in voice-hearing experiences of people with psychosis in the USA, India and Ghana
The Positive and Negative Syndrome Scale (PANSS) for Schizophrenia
Structured instruments for insanity defense evaluations
Remodelling criminal insanity
Special criminal sanctions for offenders with mental disorders
Criminal insanity in Bulgaria and Norway
| Citation velocity | historical |
|---|---|
| Highly cited | No |