Medicalizing crime—criminalizing health? The role of law

Montgomery, Jonathan (2007) Medicalizing crime—criminalizing health? The role of law. In, Erin, Charles A. and Ost, Suzanne (eds.) The Criminal Justice System and Health Care. Oxford, UK, Oxford University Press, 257-272. (Oxford Monographs on Criminal Law and Justice).


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This chapter explores the question of when using the criminal law is desirable in the context of health and health care concerns. It looks at two case studies, gross negligence manslaughter and disease transmission, in order to identify when criminal law seems an appropriate tool, and when it appears to bring unwelcome pressures and incentives into play. In this way, the proper role of the law can be considered, and judgments made as to when, and how legal regulation can make a constructive contribution to general social goals.

Item Type: Book Section
ISBNs: 9780199228294 (hardback)
Related URLs:
Keywords: gross negligence manslaughter, liability for diseas transmission, role of criminal law in health care
Subjects: K Law > KD England and Wales
R Medicine > RA Public aspects of medicine
Divisions : University Structure - Pre August 2011 > School of Law
ePrint ID: 72258
Accepted Date and Publication Date:
29 November 2007Published
Date Deposited: 04 Feb 2010
Last Modified: 31 Mar 2016 13:04

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