Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway

Authors

  • Erik Søndenaa Norwegian University of Science and Technology, Institute of mental health; St. Olavs University Hospital, Centre for Research and Education in Forensic Psychiatry.
  • Christine Friestad Oslo University Hospital, Centre for Research and Education in Forensic Psychiatry; University College of Norwegian Correctional Service.
  • Birgitte Storvik University College of Norwegian Correctional Service.
  • Berit Johnsen University College of Norwegian Correctional Service.

DOI:

https://doi.org/10.15845/bjclcj.v7i1.2882

Abstract

The purpose of this article is to present and discuss Norwegian legislation concerning intellectual disability and criminal responsibility. Current legislation has an internationally unique feature, in that the rules governing criminal responsibility are based on what is known as the medical principle. This implies that criminal responsibility is determined by the defendant’s mental health status at the time of the crime. Norwegian criminal law does not require any causal or correlational relationship between the mental condition and the crime, as do most other jurisdictions. A brief description of historical perspectives and the Norwegian criminal justice system with regard to offenders with intellectual disabilities is also included.

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Published

2019-09-15

How to Cite

Søndenaa, E., Friestad, C., Storvik, B., & Johnsen, B. (2019). Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway. Bergen Journal of Criminal Law & Criminal Justice, 7(1), 97–109. https://doi.org/10.15845/bjclcj.v7i1.2882