Abstract
The DSM-5 Diagnostic and Statistical Manual of Mental Disorders was published in 2013. This manual replaced and significantly revised the former DSM IV-TR, as it abolishes the Multi-Axial system that distinguished between personality and otherdisorders, which system had an impact on the disorders that were considered legally significant from those that were not. Owing to its recent publication, the DSM-5 Diagnostic and Statistical Manual of Mental Disorders, was not judicially considered in a criminal-law context. This article examines the role that personality disorders in the DSM-5 will play on the possible future of Criminal Law jurisprudential literature. Personality disorders are examined in the context of their classification, the definition of mental illness and pathological criminal incapacity. Possible solutions are suggested on how these mental disorders may be accommodated in the Criminal Law context.
Highlights
In the criminal justice system the most prevalent behaviour that is linked to a personality disorder is criminal and antisocial behaviour.[1]
Some of the solutions for addressing the issues presented by personality disorders could be to consider the accused’s criminogenic needs, the legally functional impact of such behaviour, the introduction of mental-health courts to deal with mentally disordered individuals or substantive legislative reform
5 1 Criminogenic needs: Instead of the courts focusing on “categorical judgments” and whether an accused fits a particular label or not, such as being “evil”, a psychopath or as having antisocial-personality disorder it is suggested that the court should focus on the person’s “criminogenic needs”
Summary
The DSM-5 Diagnostic and Statistical Manual of Mental Disorders was published in 2013. This manual replaced and significantly revised the former DSM IV-TR, as it abolishes the Multi-Axial system that distinguished between personality and other disorders, which system had an impact on the disorders that were considered legally significant from those that were not. Owing to its recent publication, the DSM-5 Diagnostic and Statistical Manual of Mental Disorders, was not judicially considered in a criminal-law context. This article examines the role that personality disorders in the DSM-5 will play on the possible future of Criminal Law jurisprudential literature. Personality disorders are examined in the context of their classification, the definition of mental illness and pathological criminal incapacity. Possible solutions are suggested on how these mental disorders may be accommodated in the Criminal Law context
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