Ethical issues in forensic psychiatric research on mentally disordered offenders.
نویسندگان
چکیده
This paper analyses ethical issues in forensic psychiatric research on mentally disordered offenders, especially those detained in the psychiatric treatment system. The idea of a 'dual role' dilemma afflicting forensic psychiatry is more complicated than acknowledged. Our suggestion acknowledges the good of criminal law and crime prevention as a part that should be balanced against familiar research ethical considerations. Research aiming at improvements of criminal justice and treatment is a societal priority, and the total benefit of studies has to be balanced against the risks for research subjects inferred by almost all systematic studies. Direct substantial risks must be balanced by health benefits, and normal informed consent requirements apply. When direct risks are slight, as in register-based epidemiology, lack of consent may be counter-balanced by special measures to protect integrity and the general benefit of better understanding of susceptibility, treatment and prevention. Special requirements on consent procedures in the forensic psychiatric context are suggested, and the issue of the relation between decision competence and legal accountability is found to be in need of further study. The major ethical hazard in forensic psychiatric research connects to the role of researchers as assessors and consultants in a society entertaining strong prejudices against mentally disordered offenders.
منابع مشابه
Mentally disordered offenders - a longitudinal study of forensic psychiatric assessments and criminal recidivism
متن کامل
On the outcome of the treatment of mentally disordered criminal offenders (according to §64 German penal code) suffering from addictive disorders
OBJECTIVE To provide an overview on the increase of forensic psychiatric hospitalizations in Saxony, and present findings on criminal conviction and recidivism rates of 277 criminal offenders ordered to a forensic psychiatric facility caring for addictive disorders between 1996 and 2001. METHODS Cluster- and regression-analytic procedures identified predictive variables for declaring the fore...
متن کاملMentally Disordered Firesetters Running Head: MENTALLY DISORDERED FIRESETTERS Explanations of Firesetting in Mentally Disordered Offenders: A Review of the Literature
This paper reviews current explanations of firesetting in adult mentally disordered offenders. In particular attention is given to contemporary research that has examined the developmental and background characteristics, personality and associated traits, motivation for firesetting, neurobiological explanations, psychiatric diagnoses and frequency of self injurious behaviour; including suicide....
متن کاملThe impact of the Danish Medico-Legal Council on the choice between treatment and punishment for non-psychotic offenders.
BACKGROUND The Danish Medico-Legal Council provides the court with statements based on available psychiatric assessment reports to assist the law in the use of the Penal Code sections on mentally disordered offenders. AIMS To analyse the impact of the Council on the courts' choice between punishment and treatment in cases of offenders falling under §69 of the Penal Code, i.e. mentally disorde...
متن کاملFactors associated with the diversion of mentally disordered offenders.
This study is an examination of the process of pre-trial diversion, in which prosecutors use their discretion to drop criminal proceedings against mentally disordered persons on the condition that such persons be certified and detained for treatment in a hospital setting. An attempt was made to uncover the factors relevant to understanding why mentally disordered offenders are diverted in some ...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- Bioethics
دوره 24 1 شماره
صفحات -
تاریخ انتشار 2010