NCJ Number
147340
Journal
De Tokeomst van Tbs Volume: 19 Issue: 3 Dated: (1993) Pages: 56-73
Date Published
1993
Length
18 pages
Annotation
This paper argues for the abolition of tbs for mentally ill offenders in the Netherlands.
Abstract
Proponents of dualism argue that the prison sentence manifests the offender's responsibility, while tbs lacks this function. This criterion cannot justify maintaining imprisonment and tbs alongside one another if defendants convicted of offenses are by definition held responsible for their actions. The imposition of a combination sentence of imprisonment and tbs is totally illogical, since it confronts a mentally disturbed offender with both a punishment in which responsibility is made clear and a measure indicating the offender's incapability of responsibility. In addition, the dualism between prison sentences and tbs leads to the unequal administration of justice and prevents the optimal individualization of the sanction. Therefore, a single system should be adopted. Mentally ill offenders should receive prison sentences of fixed duration and should not receive tbs also. Notes and 13 references