Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway

Birgitte Storvik,Christine Friestad,Erik Søndenaa,Berit Johnsen

doi:10.15845/bjclcj.v7i1.2882

Abstract

The purpose of this article is to present and discuss Norwegian legislation concerning intellectual disability and criminal responsibility. Current legislation has an internationally unique feature, in that the rules governing criminal responsibility are based on what is known as the medical principle. This implies that criminal responsibility is determined by the defendant’s mental health status at the time of the crime. Norwegian criminal law does not require any causal or correlational relationship between the mental condition and the crime, as do most other jurisdictions. A brief description of historical perspectives and the Norwegian criminal justice system with regard to offenders with intellectual disabilities is also included.

Highlights

The purpose of this article is to present and discuss Norwegian legislation concerning intellectual disability and criminal responsibility
We will describe the current state of the Norwegian legislation, present a historical overview based on changes in the last century, and discuss the implications for different stages in the criminal justice process
Over the last two or three decades, international studies of offenders with intellectual disabilities inside the criminal justice system (CJS) have demonstrated the need for services for this minority group, which tends both to be neglected in the CJS and to reoffend more frequently