Open AccessA Matter of Intent: A Social Obligation to Improve Criminal Procedures for Individuals with Dementia
Author(s) -
Jalayne J. Arias,
Lauren Sydney Flicker
Publication year - 2020
Publication title -
the journal of law, medicine and ethics/the journal of law, medicine and ethics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.515
H-Index - 57
eISSN - 1748-720X
pISSN - 1073-1105
DOI - 10.1177/1073110520935345
Subject(s) - dementia , obligation , punishment (psychology) , psychology , liability , criminal justice , criminal law , psychiatry , criminology , medicine , social psychology , political science , law , disease , pathology
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.