The University of Southampton
University of Southampton Institutional Repository

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 pp. 257-272. (Oxford Monographs on Criminal Law and Justice).

Record type: Book Section


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.

PDF 15-Erin-Chap15.pdf - Version of Record
Restricted to Repository staff only
Download (210kB)

More information

Published date: 29 November 2007
Keywords: gross negligence manslaughter, liability for diseas transmission, role of criminal law in health care


Local EPrints ID: 72258
ISBN: 9780199228294
PURE UUID: fb69eefc-d519-4157-ba36-d6f429aec6c8

Catalogue record

Date deposited: 04 Feb 2010
Last modified: 18 Jul 2017 23:55

Export record


Author: Jonathan Montgomery
Editor: Charles A. Erin
Editor: Suzanne Ost

University divisions

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton:

ePrints Soton supports OAI 2.0 with a base URL of

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.