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.
