Criminal capacity of and criminal justice for offenders with bipolar disorder
Loading...
Date
2023
Authors
Bredenkamp, Lucy Scarlett Lessing
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Free State
Abstract
According to the World Health Organisation, bipolar disorder is the sixth most prevalent disability in the world.ยน Despite this, bipolar disorder remains largely unchartered within the South African juridical landscape. Therefore, the thesis investigates whether sufficient provision is made, both in the context of criminal justice and criminal capacity, for offenders who suffer from bipolar disorder within the South African criminal justice system. In doing so, the criminal justice systems of South Africa, the Netherlands, and the United States of America (USA) are examined, with specific reference to the tests for criminal capacity, relevant legislation, case law, and what constitutes both expert evidence and expert witnesses, respectively.
Sentencing options and alternative sentencing options, as they relate to mentally ill offenders, are also examined. Particular consideration is given to terbeschikkingstelling in the Netherlands and mental health courts in the United States. In addition, the advantages and disadvantages of both systems are thoroughly analysed. A proposal for a uniquely South African mental health court model is subsequently put forward, in the hope that this will pave the way in ultimately providing an improved alternative to conventional sentencing for offenders suffering from bipolar disorder.
Description
Thesis (LL.D.(Criminal and Medical Law))--University of the Free State, 2023
Keywords
Bipolar disorder, criminal capacity, mentally ill offenders, criminal law, criminal liability, expert evidence, expert witnesses, sentencing, terbeschikkingstelling, mental health courts, criminal justice, therapeutic justice