Mind on Trial: Crime vs. Care? The legal position of persons with psychiatric disorder who offend
Abstract
Persons with a psychiatric disorder who offend (PPDO’s) are overrepresented in criminal justice systems worldwide. Legal responses often emphasize dangerousness and control, while mental health–related rights receive little attention. This imbalance hampers PPDOs’ engagement in proceedings and contributes to systemic issues such as poor detention conditions and higher recidivism. Despite international concern (UN, EU, Council of Europe), the legal position of PPDOs remains fragmented and understudied. This research attempts to contribute to filling the existing gaps in the field.
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ABSTRACT Persons with a psychiatric disorder who offend (PPDO’s) are overrepresented in criminal j u stice systems worldwide. Legal responses ofte n emphasize dangerousness and control, while mental health–related rights receive little attention. This imbalance hampers PPDOs’ engagement in proceedings and contributes to systemic issues such as poor detention conditions and higher recidivism. Despite international concern (UN, EU, Council of Europe), the legal position of PPDOs remains fragmented and understudied. This research attempts to contribute to filling the existing gaps in the field. Focus on people with disability who offend Focus on forensic care and reas o nable accommodations Focus on criminal justice chain as a w hole The international legal position of PPDO’s Health law This research applies a thematic legal analysis of hard and soft law in inter n ational, supranational, and national (Belgian) contexts. The analysis focuses on the rights and duties of persons with disabilities withi n criminal procedure, u sing coded themes such as equality, integrity, access, and autonomy. By comparing international and national fra m eworks, the study identifies the broadest legal protection as the reference rights position. This forms the b asis for vignette studies with justice professionals — including judges, prosecutors, police officers, lawyers, and prison staff — as well as PPDO’s, to e xamine how legal standards are reflected in practice. The national legal position of PPDO’s MIND ON TRIAL: CRIME VS. CARE? THE LEGAL POSITION OF PERSONS WITH PSYCHIATRIC DISORDER WHO OFFEND [email protected] BAC K GROUND RESEARCH OBJECTIVE METHODOLOGY & FRAMEWORK Focus o n offender with illness Focus on danger and social control Focus on execution of sentence or measure Human rights law Criminal (procedu r e) law THE SMALL PRINT THAT MATTERS How many persons with a psychiatric disorder exist within the Belgian criminal justice chain? Some answers can be counted. Others must be found. The answer is hidden somewhere in this poster.