The article describes some early aspects of a ph.d.-project investigating the rules and practice regarding insane offenders in the nordic legal systems. The project consists of two major aspects: A legal comparative analysis of the rules regarding insane offenders in Denmark, Norway and Sweden, and a criminal ethics analysis of the background behind the rules and the application of the rules in practice. The article shortly introduces the concept of insanity, and describes some early thoughts regarding one of the central aspects of the project: The alignment between the justifications behind the rules, and the application of the rules in practice. The article gives two examples of cases where the justification for the rules is important to the interpretation of the statute: The case where the defendant was insane at the time of the crime, but is not insane at the time of the judgment, and the case where there is a lack of proportionality between the severity of the crime and the necessary treatment.
Nsfk's 54. Forskerseminar: Selfoss, Island 2012. Jubilæumsseminar, 2012, p. 191-196
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Scandinavian Research Council for Criminology (NsfK) Research Seminar, 2012