The judge, the physician and the prisoner. A critical view of the ``suspension de peine'' for medical reason

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TitreThe judge, the physician and the prisoner. A critical view of the ``suspension de peine'' for medical reason
Type de publicationJournal Article
Year of Publication2019
AuteursChassagne A, Godard-Marceau A
JournalMEDECINE & DROIT
Pagination55-62
Date PublishedJUN
Type of ArticleArticle
ISSN1246-7391
Mots-clésCompassionate release, Prisoner (compassionate release)
Résumé

The purpose of the article is to give a critical view of the ``suspension medicale'' (a kind of compassionate release), which is often considered as a ``humanist'' law. Based on a research conducted on the experience of prisoners at the end of their lives, it appeared that many more or less objective criteria are involved in the decision-making process. In this context, physicians and magistrates try to articulate their actions according to expertise. The decision of granting or refusal also depends on the perception of the prisoner's personality. The application of the law thus reflects the tensions and alliances between medicine and justice in the treatment of a deviant and vulnerable population. (C) 2019 Elsevier Masson SAS. All rights reserved.

DOI10.1016/j.meddro.2019.01.001