TY - JOUR
T1 - A Matter of Intent
T2 - A Social Obligation to Improve Criminal Procedures for Individuals with Dementia
AU - Arias, Jalayne J.
AU - Flicker, Lauren S.
N1 - Publisher Copyright:
© 2020 American Society of Law, Medicine & Ethics.
PY - 2020/6/1
Y1 - 2020/6/1
N2 - The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are most vulnerable amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment.
AB - The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are most vulnerable amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment.
UR - http://www.scopus.com/inward/record.url?scp=85087732461&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85087732461&partnerID=8YFLogxK
U2 - 10.1177/1073110520935345
DO - 10.1177/1073110520935345
M3 - Comment/debate
C2 - 32631193
AN - SCOPUS:85087732461
SN - 1073-1105
VL - 48
SP - 318
EP - 327
JO - Journal of Law, Medicine and Ethics
JF - Journal of Law, Medicine and Ethics
IS - 2
ER -