In the Netherlands, a pretrial forensic mental health report (FMHR) can be requested to inform the court whether a mental disorder was present at the time of the offense, whether this disorder... Show moreIn the Netherlands, a pretrial forensic mental health report (FMHR) can be requested to inform the court whether a mental disorder was present at the time of the offense, whether this disorder affected behaviour and decision-making at the time of the offense, how this disorder may affect future behaviour and advise on possible treatment measures. However, a substantial number of defendants refuse to cooperate with FMHRs to avoid being sentenced to a forensic psychiatric hospital for at least two years (TBS). With an experimental vignette study among law and criminology students (N = 355), we tested whether TBS is less likely for an uncooperative defendant than for a cooperative defendant. Second, we tested whether an uncooperative defendant receives a longer prison sentence when TBS is not imposed. Results showed that refusing to cooperate reduces the likelihood of a TBS measure and that this is compensated by a slightly longer prison sentence. Extending international research, we explored whether type of disorder and recidivism risk in an FMHR had an effect on sentencing. Results show that schizophrenia led to TBS more often than antisocial personality disorder regardless of recidivism risk. Type of disorder or recidivism risk did not substantially affect the prison sentence regardless of whether TBS had been imposed. Recommendations for research and practice are discussed. Show less
In the Netherlands, as in many other countries, victims of intentionally committed violent crimes may apply for state compensation if the offender is unknown or unable to pay for the damages of the... Show moreIn the Netherlands, as in many other countries, victims of intentionally committed violent crimes may apply for state compensation if the offender is unknown or unable to pay for the damages of the crime. This state compensation scheme is run by the Dutch Violent Offences Compensation Fund (VOCF). Lawyers who work for this fund need to evaluate applicants´ eligibility for state compensation on the basis of two criteria: (1) the plausibility of the applicant’s victimization story and (2) the severity of the injury sustained by the applicant. Whether these criteria are fulfilled is largely left to the discretion of the lawyer who evaluates the application. This discretionary power makes the decision-making process prone to biased outcomes. Inspired by previous research, this study investigated whether information from mental health care providers, such as psychiatrists or clinical psychologists, serves as a potential source of bias. Although this type of information may or should sometimes be used to evaluate an applicant’s eligibility for compensation, in most cases it should not affect the outcome of this evaluation because of its potential unreliability. A statistical association between availability of information from mental health care providers and adjudication of state compensation is therefore not to be expected. Analyzing 246 applications submitted to the Dutch VOCF between July 1st 2016 and July 1st 2017, this study tested the empirical validity of this expectation. Results indicated that the availability of information of mental health care providers was associated with adjudication of state compensation. This finding was discussed in view of the literature on heuristic thinking and biased decision making and the study’s limitations. Show less
This essay analyses the way people from different social classes in Guatemala City respond to the versatility of dangers, uncertainties and anxieties they tend to live with on a daily basis. More... Show moreThis essay analyses the way people from different social classes in Guatemala City respond to the versatility of dangers, uncertainties and anxieties they tend to live with on a daily basis. More specifically, it focuses on withdrawal, the main theme that arises in this regard. Three forms are distinguished: withdrawal from ’the dangerous other’, nostalgic withdrawal ‘in time’ and withdrawal ‘from the body’. They all build on the same logic, while being fed by the violence and structural violence people are confronted with. Show less
