Fifteen years of defendants who refuse pre-trial forensic psychiatric assessment
Prevalence rates, information needs by public prosecutors and judges, and sentencing in court (full text only available in Dutch)
- To gain insight into the prevalence rate of assessment refusal in the past fifteen years.
- To analyze the influence assessment refusal has on the capability of the mental health professionals to answer the court’s questions.
- To determine which information is necessary for public prosecutors and judges when defendants refuse to participate in the assessment to still be able to give a suitable sentencing advice and to make a suitable decision on this defendant.
- To determine which sentence is most often imposed on a defendant who refuses pre-trial forensic psychiatric assessment.
- To examine the arguments judges use to motivate their decisions.
- Nagtegaal, M., Jansen, D.L. (ass.), Eltink, S.B.E. (ass.), Vries, J.J. de (ass.)
- Place of publication:
- The Hague
- Year of publication:
- Cahiers 2018-15
The present study is about defendants who refuse to participate in pre-trial forensic psychiatric assessments that are conducted on behalf of their criminal court case, in short, an assessment report. The goal is to contribute to a solution for the so-called ‘problematic influence of assessment refusal’. This influence refers to the problem that it is more difficult to write a psychiatric assessment report when the defendant refuses to participate, which in turn makes it more difficult for the judge to decide on the most suitable trajectory for the defendant: either punishment in prison or treatment in a forensic psychiatric hospital.
Several aspects of the possible problem-atic influence of assessment refusal have remained unknown up till now and are the focus of the present study:
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