INTERFACES BETWEEN MENTAL HEALTH AND PSYCHIATRY IN THE ASSESSMENT OF CRIMINAL INSANITY IN ADULTS ACCUSED OF VIOLENT CRIMES: A SCOPING REVIEW

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Authors: Nelson Pinto Gomes, Sadi Antonio Pezzi, Elisabete Soares de Santana, Dalila Ribeiro Maia Gomes, Isabela De Oliveira, Carlos Lopatiuk, Fernando Henrique Gonzalez Filho, Guilherme Bacelar de Barros Martins, ISADORA MARTINEZ VILELA, Vitor Augusto Souto Fernandes dos Santos, Pedro Petiti Arbex Bueno, Marina Hamerski
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References: 16

Abstract

Objective: To map and analyze evidence on mental health and criminal irresponsibility among adults accused of violent crimes. Methods: Scoping review conducted between January and February 2026 in accordance with Joanna Briggs Institute and PRISMA-ScR guidance, with prior protocol registration in the Open Science Framework. Searches were performed in PubMed, Medline, Scopus, Embase, and Cochrane Library, complemented by Google Scholar. Two independent reviewers conducted study selection, data extraction, and qualitative synthesis. Results and Discussion: Twelve studies were included. Evidence shows higher prevalence of mental disorders among legally involved individuals; however, this does not automatically establish criminal irresponsibility, which requires assessment of cognitive and volitional capacity at the time of the offense. Discrepancies between clinical and forensic diagnoses, cognitive biases, and methodological variability were identified. Emerging trends include structured assessment protocols, bias mitigation strategies, and exploratory use of artificial intelligence tools. Conclusion: A multifactorial, standardized, and legally grounded evaluative framework is essential to strengthen reliability and legitimacy in forensic psychiatric decision-making regarding criminal responsibility.

Fields of Study & Subjects

Psychopathy Forensic Psychiatry Sexual Offending Criminal Law and Policy Healthcare Decision-Making and Restraints

Publication details

Journal / source
Veredas do Direito Direito Ambiental e Desenvolvimento Sustentável
Volume
23
Pages
e235054–e235054
Publication date
26 February 2026
Language
EN