NCJ Number
60236
Journal
Deviance et societe Volume: 1 Issue: 4 Dated: (DECEMBER 1977) Pages: 427-434
Date Published
1977
Length
8 pages
Annotation
THE UNCLEAR ROLE OF THE PSYCHIATRIST AS AN EXPERT WITNESS IN CRIMINAL TRIALS IS ANALYZED AND CRITICIZED.
Abstract
BY DEFINITION, JUSTICE IS BASED ON THE KNOWLEDGE OF ETHICS, MORALS, AND SUCH CONCEPTS AS RIGHT, WRONG, GOOD, AND EVIL. MEDICINE--WHATEVER ITS ETHICAL IMPLICATION MAY BE--CENTERS ON AN UNDERSTANDING OF ILLNESS AND ABNORMALITY, OF MENTAL AND PHYSICAL HEALTH. THIS FUNDAMENTAL DIFFERENCE BETWEEN THE TWO FIELDS OF KNOWLEDGE MUST BE KEPT IN MIND IN ORDER TO AVOID MISUNDERSTANDINGS IN PROFESSIONAL CIRCLES AND IN THE GENERAL PUBLIC. THE JUDGE (WITH THE POSSIBLE HELP OF THE JURY) IS A SPECIALIST IN EVALUATING THE ETHICAL QUALITIES CHARACTERIZING CRIMINAL OFFENSES. THE TASKS OF THE PSYCHIATRIST ARE ESSENTIALLY THOSE OF A MEDICAL SPECIALIST: (1) TO EXAMINE THE PATIENT, (2) TO PREVENT SICKNESS, (3) TO TREAT SICKNESS, AND (4) TO SERVE AS AN EXPERT IN COURT IN A PARTICULAR PATHOLOGICAL FIELD. SEVERAL TASKS THAT THE PSYCHIATRIST PRESENTLY FULFILLS LIE CLEARLY OUTSIDE THIS FRAMEWORK OF COMPETENCIES. FOR EXAMPLE, THE PSYCHIATRIST SHOULD NEVER BE ASKED TO DECIDE WHETHER AN OFFENDER IS 'LEGALLY RESPONSIBLE' FOR HIS CRIME OR WHETHER AN OFFENDER IS 'DANGEROUS' TO SOCIETY. SUCH CONCEPTS ARE CLEARLY LEGAL DECISIONS RELATED TO THE NORMS AND ETHICAL VALUES OF A PARTICULAR SOCIETY, ALTHOUGH THE PSYCHIATRIST MAY FURNISH IMPORTANT INFORMATION ON WHICH TO BASE THE LEGAL DECISION. A SIMILAR MISCONCEPTION OF THE PSYCHIATRIST'S DUTIES APPEARS TO EXIST WITH RESPECT TO THE PSYCHIATRIC TREATMENT OF OFFENDERS: THE PSYCHIATRIST WILL TREAT MENTAL ABNORMALITIES--HE WILL NOT 'CURE DELINQUENCY.' THE PRESENT LACK OF A CLEAR SEPARATION BETWEEN THE JUDGE'S AND THE PSYCHIATRIST'S DUTIES IN MOST WESTERN COUNTRIES IS DAMAGING TO BOTH SIDES AND SHOULD BE REMEDIED GRADUALLY. THE ARTICLE CONTAINS NEITHER FOOTNOTES NOR BIBLIOGRAPHY. --IN FRENCH. (SAJ)