Rollin H R
J Med Ethics. 1976 Dec;2(4):157-60. doi: 10.1136/jme.2.4.157.
When a serious crime—say a murder—is committed by someone who has been discharged or has absconded from prison the public reaction is extreme. And public anger is not appeased by psychiatrists and sociologists who argue in the media the case either for all mental disorders being capable of treatment leading at least to partial cure or that all crime springs from unfortunate social circumstances. In the two papers which follow the situation is described how psychopathic and other mentally abnormal offenders are dealt with at the present time, and how the Aarvold and Butler Committees were set up. The Aarvold Committee (Chairman, Mr Justice Aarvold) was to be concerned with tightening the provisions of the law as it now stands whereas the Butler Committee (Chairman, Lord Butler) was asked to look into and recommend changes in the law relating to these offenders. The Aarvold Committee reported swiftly and the Butler Committee made its final report in 1975. (An interim report was produced in 1974.) It is with the Butler Report that Dr Rollin and Dr Norton are principally concerned here. The fundamental aim of both committees was to maintain a balance between what is best for those guilty of dangerous offences and the right of the public to be protected'. Both writers describe the various forms of detention for psychopathic offenders in operation and proposed, and both conclude that the Butler Report offers wise and realistic guidance but fear that continuing official inertia will preclude the recommendations ever being implemented. Dr Norton deals particularly with the concept of dangerousness', and the controversial issue of the Butler `reviewable sentences' for mentally abnormal offenders.
当一个曾被释放或越狱的人犯下严重罪行(比如谋杀)时,公众的反应会极为强烈。而媒体上那些主张所有精神障碍都能够得到治疗并至少实现部分治愈,或者所有犯罪都源于不幸社会环境的精神病学家和社会学家,也无法平息公众的愤怒。在接下来的两篇论文中,描述了目前如何处置精神变态及其他精神异常的罪犯,以及阿诺德委员会和巴特勒委员会是如何成立的。阿诺德委员会(主席为阿诺德法官先生)负责加强现行法律的相关规定,而巴特勒委员会(主席为巴特勒勋爵)则被要求调查并建议修改与这些罪犯相关的法律。阿诺德委员会迅速提交了报告,巴特勒委员会于1975年提交了最终报告。(1974年提交了一份中期报告。)罗林博士和诺顿博士在此主要关注的是巴特勒报告。两个委员会的根本目标都是在“对危险罪行罪犯最有利的做法与公众获得保护的权利”之间保持平衡。两位作者都描述了现行和提议的针对精神变态罪犯的各种拘留形式,并且都得出结论,巴特勒报告提供了明智且现实的指导,但担心官方的持续不作为会使这些建议无法得到实施。诺顿博士特别探讨了“危险性”的概念,以及巴特勒针对精神异常罪犯的“可复核判决”这一有争议的问题。