The judge, the physician and the prisoner. A critical view of the ``suspension de peine'' for medical reason
Affiliation auteurs | !!!! Error affiliation !!!! |
Titre | The judge, the physician and the prisoner. A critical view of the ``suspension de peine'' for medical reason |
Type de publication | Journal Article |
Year of Publication | 2019 |
Auteurs | Chassagne A, Godard-Marceau A |
Journal | MEDECINE & DROIT |
Pagination | 55-62 |
Date Published | JUN |
Type of Article | Article |
ISSN | 1246-7391 |
Mots-clés | Compassionate 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. |
DOI | 10.1016/j.meddro.2019.01.001 |