Article 2 Review - Matamoros-1
docx
keyboard_arrow_up
School
University of Baltimore *
*We aren’t endorsed by this school
Course
300
Subject
Philosophy
Date
Apr 3, 2024
Type
docx
Pages
4
Uploaded by CaptainFlagKouprey40
Ethical Considerations in Addressing Offenders with Mental Disorders
Katherine Matamoros
College of Public Affairs, University of Baltimore CRJU300: Criminal Justice Ethics Dr. Patrick Hughes
March 8, 2024
In Thomas Hartvigsson's article "Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder," he tackles the complex ethical challenges faced when dealing with offenders who have mental health issues within the criminal justice system. In this review, we will take a close look at Hartvigsson's ideas, examining them through the framework of organizational ethics outlined in Johnson's book, "Organizational Ethics: A Practical Approach.”
Hartvigsson's exploration of Advance Criminal Responsibility (ACR) challenges conventional perspectives on criminal accountability. The concept poses that individuals who knowingly refuse treatment for mental disorders, which subsequently leads to criminal behavior, should bear responsibility for their actions. From an organizational ethics standpoint, this raises fundamental questions about the balance between individual autonomy and societal responsibility. While promoting individual accountability is crucial, it must not overshadow the ethical imperative to provide comprehensive mental health care and support. Johnson emphasizes
the importance of organizational values aligning with societal norms and ethical principles, suggesting that ACR must be scrutinized through this ethical framework.
The exploration of the disparities between legal frameworks governing psychiatric and somatic care in Hartvigsson's discussion aligns with ethical concerns regarding fairness and equality. Organizational ethics dictate that all individuals should receive equitable treatment under the law, irrespective of their mental health status. Highlighting these discrepancies underscores the need for systemic reform to ensure that individuals with mental disorders are not
disadvantaged within the criminal justice system.
When discussing consent and refusal in the context of ACR, it is essential to consider the ethical principle of respecting people's autonomy in healthcare choices. Hartvigsson rightfully acknowledges the challenges individuals face when deciding on their treatment, like financial constraints and concerns about medication side effects. Organizational ethics stress the importance of informed consent, meaning individuals should have the necessary information to make their healthcare decisions independently. Therefore, any implementation of ACR should prioritize providing adequate support and information to individuals with mental disorders, respecting their autonomy and dignity.
Hartvigsson's proposal prompts reflection on the ethical implications of predictive justice.
ACR hinges on the ability to foresee future criminal behavior resulting from untreated mental disorders. While this approach aims to prevent harm and protect public safety, it also raises concerns about the potential infringement of individual rights and liberties. Organizational ethics
emphasize the importance of striking a delicate balance between security and civil liberties, advocating for policies that prioritize prevention while safeguarding individual freedoms.
Hartvigsson's article offers valuable insights into the ethical dimensions of addressing offenders with mental disorders within the criminal justice system. As we navigate the intersection of mental health and criminal justice, it is imperative to uphold ethical principles that
ensure a just and compassionate approach to addressing the complex needs of individuals with mental disorders.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
References
Hartvigsson, Thomas. (2021). Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder. Criminal Law and Philosophy. 17. 10.1007/s11572-021-09595-4.
Johnson, C. E. (2019). Organizational ethics: A practical approach (5th ed.). Thousand Oaks, CA: SAGE Publications.