Sentencing Offenders with Mental Disorders

Abstract

One of the most perplexing problems facing penologists is the determination of the proper punishment for grave offenses which were committed as a result of mental disturbances not amounting to mental illness proper (psychosis). Quite a number of such offenses are committed by people suffering from psychosexual disorders or disorders of impulse control. It should be noted that in many cases of offenses committed under the influence of such disorders the actual damage caused is not great, as in cases of exhibitionism, voyeurism, fetishism, kleptomania, etc. [1]. There are cases, however, where the offenses can be quite serious and cause considerable harm, such as pyromania or pathological gambling, which sometimes leads to offenses of fraud, forgery, and embezzlement. Cases of psychosexual disorder can also sometimes lead to serious offenses causing grave damage to the victim and the victim’s family.