NCJ Number
20021
Journal
NORDISK TIDSSKRIFT FOR KRIMINALVIDENSKAB Volume: 60 Issue: 3-4 Dated: (JULY-DECEMBER 1972) Pages: 325-335
Date Published
1972
Length
11 pages
Annotation
SENTENCING PRACTICES OF COURTS IN CASES OF HOMICIDE INVOLVING MEDICAL EXPERT RECOMMENDATIONS OF DETENTION OF A PSYCHOPATH.
Abstract
A DANISH STUDY OF 10 CASES OF HOMICIDE WHERE THE COURT SENTENCE FOLLOWED THE MEDICAL EXPERTS' RECOMMENDATION OF DETENTION OF A PSYCHOPATH, AND OF 10 OTHER CASES WHERE THE COURT DECISION WAS LIFE IMPRISONMENT IN SPITE OF THE MEDICAL EXPERTS' RECOMMENDATION OF DETENTION AS A PSYCHOPATH. THE STUDY COVERS THE YEARS 1933-1954. IT REVEALS THAT MOST OF THOSE SENTENCED TO DETENTION AS PSYCHOPATHS WERE RELEASED BEFORE LIFE PRISONERS WHO RECEIVED PARDON. IT IS DIFFICULT TO DETERMINE WHAT FACTORS INFLUENCED THE COURT DECISION IN CASES OF DISCREPANCY BETWEEN THE FINAL COURT SENTENCE AND THE MEDICAL EXPERTS' RECOMMENDATION. THE PUBLIC PROSECUTOR, FOR EXAMPLE, DID NOT DEMAND THE SENTENCE OF MAXIMUM SEVERITY IN THREE OF THESE CASES. HOWEVER, THE CIRCUMSTANCES OF THE OFFENSES AND THE ASSUMED DANGEROUSNESS OF THE OFFENDER CAN HARDLY BE DOUBTED, AS THE OFFENSES INCLUDED DOUBLE HOMICIDE OR HOMICIDE OF A POLICEMAN FOLLOWED BY OTHER SERIOUS CRIMINAL BEHAVIOR. --IN DANISH