因精神错乱而无罪或有罪？一项关于因法庭命令被转介进行精神病检查的杀人犯的比较研究。
Guilty or not guilty by reason of insanity? a comparative study of murderers referred for psychiatric examination by court order.
作者信息
Antar Anat Yaron
机构信息
Department of Criminology, Max Stern Yezreel Valley College, Jezreel Valley, Israel.
出版信息
Health Justice. 2023 Sep 5;11(1):35. doi: 10.1186/s40352-023-00230-z.
BACKGROUND
Some murders are committed under the influence of a psychotic state resulting from a mental disorder, mainly schizophrenia. According to the law in many countries, people with mental disorders do not have criminal responsibility. They are defined as not guilty due to insanity (insanity defense) and therefore cannot be punished. In Israel, in recent years, more lawyers are requesting psychiatric opinions for the murder defendants they represent. This study aims to explore the differences between two groups of murderers: individuals who committed murder and were found not guilty by reason of insanity (NGRI) and individuals who committed murder and were found responsible and guilty. The comparison is made from a broad perspective by examining sociodemographic factors and psychiatric factors as well as criminological and forensic factors.
METHODS
This study, conducted in Israel, analyzes the sociodemographic and forensic differences between 72 individuals who committed murder and were found not guilty by reason of insanity (NGRI) and 56 individuals who committed murder and were found responsible for their actions and fit to stand trial (guilty).
RESULTS
The findings show that NGRI participants were more likely to be from central areas, to be Jewish (rather than Arab), to be diagnosed with schizophrenia and have a background of hospitalizations before committing the murder, to have remained at the murder scene and/or called for help, and to be less likely to have committed the murder with a partner.
CONCLUSIONS
The study's findings are explained and the limitations discussed. The findings add to the existing knowledge base about murder by reason of insanity and the differences between NGRI and criminal murderers. The characteristics of the NGRI group found here can help to identify risk groups and to develop and implement prevention programs for people with mental disorders who are at risk of violent behavior.
背景
一些谋杀行为是在精神障碍导致的精神病状态影响下实施的，主要是精神分裂症。根据许多国家的法律，患有精神障碍的人没有刑事责任。他们被定义为因精神错乱而无罪（精神错乱辩护），因此不能受到惩罚。在以色列，近年来，越来越多的律师为他们所代理的谋杀案被告寻求精神病学意见。本研究旨在探讨两组杀人犯之间的差异：实施谋杀并被判定因精神错乱而无罪（NGRI）的个体，以及实施谋杀并被判定有责任且有罪的个体。通过考察社会人口统计学因素、精神病学因素以及犯罪学和法医学因素，从广泛的角度进行比较。
方法
本研究在以色列进行，分析了72名实施谋杀并被判定因精神错乱而无罪（NGRI）的个体与56名实施谋杀并被判定对其行为负责且适合受审（有罪）的个体之间的社会人口统计学和法医学差异。
结果
研究结果表明，NGRI参与者更有可能来自中部地区，是犹太人（而非阿拉伯人），在实施谋杀前被诊断患有精神分裂症且有住院史，在谋杀现场停留并/或呼救，并且与有同伙一起实施谋杀的可能性较小。
结论
对研究结果进行了解释并讨论了局限性。这些结果增加了关于因精神错乱而谋杀以及NGRI与刑事杀人犯之间差异的现有知识库。在此发现的NGRI组的特征有助于识别风险群体，并为有暴力行为风险的精神障碍患者制定和实施预防方案。
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